UNION OF SOUTH AFRICA.
MINUTES OF PROCEEDINGS
WITH
ANNEXURES
(SELECTED)
OF THE
South African National Convention
HELD AT
Durban, Cape Town and Bloemfontein,
12TH OCTOBER, 1908, TO HTH MAY. 1909.
yvinted and published pursuant to a lUrJolutton of the \jiiu so of Ar/.fm
dated the L'Sth Ilorriiiber. 1910.
SITTINGS OF THE CONVENTION.
At Dntr.AN, from 12th October, 1908, to £th November, 1008.
At CAI-I-: TOWN, from 23rd November, 1908, to 18th December, 1908, and:
llth January, 1909, to 3rd February, 1909.
At BLOKMFOVIT.IN, from 3rd May, 1909, to llth May, 1909.
.>
A [£
CONTENTS.
Minutes of Proceedinrjx.
PAGE
Explanatory note by G. K. Hofmeyr, Clerk of the House of
Assembly ... ... ... ... ... v-x.
Delegates and Officers ... ..-. ... ... xi-xiii.
Delegates appointed in connection with passage of Draft Act
through the Parliament of the United Kingdom ... ... xiv.
List of Annexures to the Minutes of Proceedings ... ... xv-xxii.
Committees appointed ... ... ... ...xxiii-xxv
Minutes of Proceedings ... ... ... ... 1-274.
Appendices.
A. Resolutions adopted by the Inter-Colonial Conference held at
Pretoria on the 5th May, 1(J08, on the subject of Union... 277
B. Confirmatory resolutions adopted by the various Parliaments... 278-27?
C. Appointment of delegates to the Convention ... ... 280-2K1
D. Appointment of representatives for Southern Rhodesia ... 281
E. Draft Act as brought up by the Drafting Committee ... 282-311
F. First Report of the Convention, with Draft Act as agreed to
at Cape Town for submission to the various Parliaments... 312-345
G. Resolutions and amendments to Draft Act ndopted by the-
various Parliaments during the sessions of April, 1909 ... 345-349
H. Second Report of the Convention with amendments to Draft
Act made at Eloemfontein prior to its final adoption ... 349-354
I. Resolutions adopted by the various Parliaments approving of the
Draft Act as well as addresses to H.M. the King for the
authorization of the proposed Union
J. Appointment of delegates to London in connection with the
passage of the Draft Act through the Parliament of the
United Kingdom
K. Schedule of amendments to the Draft Act made in England
prior to its introduction into the Parliament of the United
Kingdom ... ... ... ... ... 3liO-3tU
L. South Africa Act as assented to and promulgated ... 31)4-402
Index.
Index to the Minutes of Proceedings . 405-451
EXPLANATORY NOTE.
Preliminary.
The Minutes of the proceedings of the South African Na-
tional Convention are printed in accordance with a resolution
adopted by the House of Assembly on the 28th November,
1910.
The undersigned, requested thereto by the Government, un-
dertook to superintend the publication of the Minutes, a task
which involved, in addition to seeing the actual manuscript
through the Press (1) the arrangement of the Minutes in an
intelligible and convenient form, and with necessary notes
and references (2) a careful scrutiny of the annexures in order
to ascertain which should be published (3) the collection of
data connected with the Convention, but not included in the-
Minutes (4) an extensive revision and adaptation of the Dutch
version and (5) the compilation of an index.
It may be useful to trace in a few words the steps which
led up to the Union of South Africa, to place on record the
procedure adopted by the Convention and to explain the-
method of arranging the contents of this volume.
Steps towards Union.
Though the South Africa Act is the fruit of the delibera-
tions of the South African National Convention, the seed
which gave it birth was sown on. the 5th May, 1908, when
the Inter-Colonial Conference by the adoption of a series of
resolutions took the first practical step towards setting in mo-
tion the necessary machinery for the accomplishment of the
union of the South African Colonies.
These resolutions which are printed at the end of this
volume [Appendix A], not only reaffirmed previous declara-
tions in favour of union, but actually paved the way for the
meeting of a National Convention by defining its constitution
and fixing the representation of each Colony as well as the
method of voting. It was further agreed that Ehodesia
"shall be entitled to admission at such time and on such
conditions as may hereafter be agreed upon."
The resolutions were subsequently confirmed by the Parlia-
ments of the four South African Colonies in the terms set out
in Appendix B and delegates to the Convention were appointed
as indicated in Appendix C.
The Government of Southern Rhodesia was subsequently in-
vited (through the Prime Minister of the Colony of the Cape
of Good Hope, who acted as the channel of communication
in the matter), to send representatives to the Convention;
these representatives were given the right to speak, but not to
vote. Three representatives were accordingly appointd by
His Honour the Administrator, with the advice of his Execu-
vi SOUTH AFRICAN NATIONAL CONVENTION, 1908 — '09.
tive Council, on the 2nd October, 1908 [Appendix D] and at-
tended the sittings of the Convention.
The first session of the Convention was held at Durban, the
second at Cape Town and the third or final session at Bloem-
fontein. At the conclusion of the second session, on the 3rd
February, 1909, the Convention submitted its first report, with
t\ Draft Act attached [Appendix F]. This report was consi-
dered by the four South African Parliaments in sessions
.specially summoned for that purpose in April, 1909, and reso-
lutions "and amendments were adopted by them as set forth
in Appendix G.
In the Colony of Xatal, in addition to the resolutions and
amendments referred to, the question whether that Colony
should enter into union in terms of the Draft Act (subject to
amendment at the forthcoming session at Bloemfontein) was
referred for decision to the electors, and a Referendum Act
was passed in the same session providing for the ballot, the
result of which is given below.
In pursuance of the recommendation contained in the
above report, it was decided at the conclusion of the
April Parliamentary sessions to convene a sitting of the Con-
vention at Bloemfontein to consider the resolutions and pro-
posed amendments referred to [Appendix G]. The Conven-
tion accordingly met there on the 3rd May, 1909, and on
the llth of that month submitted its second and final report
[Appendix H] with the Draft Act as finally approved.
The Parliaments of the Cape of Good Hope, the Transvaal
and the Orange River Colony met on the 1st June, 1909, and
adopted resolutions and addresses respectively approving of
the Draft Act, and requesting His Majesty the King to cause
the necessary steps to be taken for the authorisation of the
proposed union [Appendix I]. Delegates were at the same
time appointed by these Parliaments to proceed to London in
connection with the passage of the Draft Act through the
Parliament of the United Kingdom. [Appendix J].
Immediately after the conclusion of the Bloemfontein ses-
.-ion of the Convention, a proclamation, dated the 14th May,
1909, was issued by the Governor of Xatal, fixing the 10th
Juno as the date for the taking of the referendum. The bal-
lot resulted in a vote of 11,121 in favour of, and 3,701
against, Union — a majority of 7,420. The Natal Parliament
met on the 10th June and adopted resolutions [Appendix I]
similar to those agreed to by the other South African Par-
liaments, but with the modifications rendered necessary by
flic passing of the Referendum Act and the decision of tho
old-tors thereunder.
The delegates proceeded to London and there, in consulta-
tion with th<> Secretary of State for the Colonies, agreed to
certain further amendments in the Draft Act prior to its intro-
duction into the Parliament of the United Kingdom;
these amendments are set out in Appendix K. The
Draft Act, so amended, was then introduced into the
EXPLANATORY NOTE. vii
House of Lords, passed through both that House and
the House of Commons without further amendment
.and received the assent of His late Majesty King Ed-
ward VII. on the 20th September, 1909. The Act of Union
as assented to is printed as Appendix L. A proclamation,
dated the 2nd December, 1909, was subsequently issued by
the late King declaring the 31st May, 1910, as the date
• of the establishment of the Union.
It may be added that in terms of the powers conferred upon
them on their appointment the delegates consulted with the
Secretary of State for the Colonies as to the Royal Instruc-
tions to be issued to the Governor-General, and these were
promulgated in the Union Gazette of the 31st May, 19.10.
The delegates further, in accordance with their instructions,
and in consultation with the chairman and officers of the Pro-
portional Representation Society in England, drafted for the
guidance of the South African Governments rules and regu-
lations providing for the first election of Senators according
to the principle of proportional representation. These rules
and regulations after amendment were published in the
Gazettes of the various Colonies prior to the date fixed for the
election.
Procedure by Convention and arrangement of tins volume.
The procedure followed by the Convention was first to
adopt a series of resolutions on the subjects which were sub-
sequently to be incorporated in a Draft Act. This occupied
their attention until the 18th December, 1908. On the
same day a Committee was appointed [page 143] for the
purpose of preparing a Draft Act embodying these resolu-
tions the Committee being also instructed to frame amend-
ments in the wording and where necessary to suggest amend-
ments of the substance of the resolutions. As all the resolu-
tions referred to the Drafting Committee are clearly set out
in the Minutes at the stage at which they were adopted from
time to time, no good purpose would be served by publishing
them separately in the form of an Appendix to this volume.
When the Draft Act was brought up by the President as
Chairman of the Drafting Committee on the 12th January,
1909, it was not complete as no resolutions dealing with fin-
ance and railways had at that stage been adopted by the Con-
vention. Resolutions dealing with these matters were, how-
ever, subsequently submitted by the Finance Committee, and
will be found on pages 155-159 of the Minutes. These
resolutions, after amendment by the Convention, were adopted
and referred to the Drafting Committee [page 190], and the
clauses, framed by the Committee thereon, were subsequently
brought up and incorporated in the Draft Act, in which they
are indicated as Finance Clauses.
The Draft Act as brought up contained a number of depar-
tures from and additions to the resolutions. In the case of
viii SOUTH AFRICAN NATIONAL CONVENTION, 1908 — '09.
the Drafting Committee (as in that of every other Committee-
appointed by flie Convention) no record was kept of its pro-
ceedings, and it is therefore impossible to establish in what
manner the various alterations and additions were made or by
whom they were proposed. On the draft prepared by the
Committee departures from the resolutions were shown as fol-
lows : words added were underlined, general alterations were
indicated by a side line, new matter being described as such.
Where omissions were made from the resolutions a caret was
placed, but the actual words omitted do not appear.
In view of the decision not to publish as an Appendix the
resolutions referred to the Drafting Committee, and seeing,
moreover, that the actual words omitted from these resolu-
tions were not shown in the Draft Act, thus rendering the in-
dication of the departures by the Committee from the resolu-
tions incomplete, it has been decided to eliminate all indica-
tions of such departures. The full text of the Draft Act as-
prepared by the Committee and subsequently considered
clause by clause by the Convention is, however, printed as
Appendix E.
The Convention commenced the consideration of this Draft
on the 13th January, 1909, but it was not incorporated in the
Minutes, nor were clauses shown in full when under consi-
deration, and only in case a clause was amended to any con-
siderable extent was it repeated as finally agreed to. This
omission has been cured, however, by printing the Draft as
Appendix E, the numbers of clauses therein indicated being
identical with those referred to in the Minutes.
Advisers, who also acted as draftsmen, attended the Con-
vention to assist in the framing of the Draft Act, and on the,
22nd January the Prime Ministers were instructed by
resolution to have the Draft Act revised by their respective
draftsmen jointly [page 195].
The Drafting Committee brought up a report on the 23rd
January [pages 200-200] proposing additional amendments and
new clauses which were considered by the Convention ; from
time to time furl her amendments were made and certain
clauses referred back to the Drafting Committee; and on the
26th January the whole of the Draft Act was referred back to
ihc Committee with power to make such alterations in the
phraseology as might be necessary to make the meaning clear
[page 219]'.
Meanwhile the advisers, having gone through the Draft
Act, submitted a joint report to the Prime Ministers, in which
they suggested further amendments. This report was laid be-
fore the Drafting Committee, and on the 28th January the
President, as Chairman, intimated to the Convention that the
Committee had agreed to a number of these amendments
[page 224]. which wci-e thereupon put and agreed to and the
Draft Act amended accordingly. In the original Minutes
these amendments are recorded as a schedule at the end of the
day's proceedings, but to facilitate reference and preserve
EXPLANATORY NOTE. ix
uniformity they have been incorporated at the stage at which
they were considered by the Convention. Although, as
stated above, these amendments had already been agreed lo-
in anticipation by the Convention, the report thereon was for-
mally brought up only on the following day, when the Com-
mittee suggested still further amendments which were subse-
quently also adopted by the Convention.
At this stage the Draft Act had been printed and copies
were laid before the Convention on the 29th January [page
2',?!)] subsequent prints being submitted on the '50th January
[page 236], and on the 1st February [page 239]. From the
time of the setting up of the Draft Act in print the numbers of
clauses in the original draft were no longer quoted in the
Minutes, and, consequently, when further amendments were
made the numbers of the clauses referred to were those ap-
pearing in the particular print under consideration. It would
be incurring unnecessary duplication to reproduce in extenso
these various prints, but, as the numbers of the clauses there-
in differ materially from those in the original draft,
the numbers of the corresponding clauses in the original draft
have been placed in brackets after the numbers recorded in
the Minutes. Where no such numbers appear the clauses
concerned are entirely new.
When the Convention reassembled at Bloemfontein a
printed paper containing the resolutions adopted and amend-
ments suggested by the various Parliaments was laid upon the
Table and circulated amongst members [Appendix G]. Xo
amendments had been put forward by the Transvaal Parlia-
ment, but Gen. Smuts gave notice of some on behalf of the
Transvaal delegates, and these have been incorporated in the
Minutes [pages 251-258]. All the amendments submitted were
considered, and the Draft Act, having been further amended,
was printed with the second and final report. The amend-
ments adopted at the Bloemfontein session are fully set oiit
in this report and as the final draft is, except for these amend-
ments, identical with the one originally agreed to at ('ape
Town, it has been decided to print the report only. [Ap-
pendix H].
The original records of the Convention are bound in manu-
script in five volumes as stated on page xxii. These volumes
were laid upon the Table of the House of Assembly on the 28th
February, 1911, and are in the custody of the Clerk of the
House. A complete list of the actual annexures to the
Minutes will be found on pages xv to xxii. showing those not
printed, those originally incorporated in the Minutes, and
those appearing in this volume as appendices.
It is naturally impossible to note here every detail in con-
nection with the preparation of this volume, but it may be
mentioned that, in addition to those already indicated, the
following further alterations have been made:
(a) In the original record, Order Papers appeared at the-
end of each day's proceedings, but as the notices and
x Soi TII AFKKA.N NATIONAL CONVENTION, 1908 — '09.
orders contained therein are with a few exceptions
embodied in the Minutes, these Order Papers have
been omitted. In the case of the exceptions, refer-
ence was made in the Minutes to pages only of the
Order Paper on which motions or amendments
appeared, but all such motions and amendments have
also been embodied in detail in the Minutes.
(b) No record was made of the fact that various prints of
1 he Draft Act were from time to time laid before the
Convention, and the Minutes have been amended in
tli is respect.
•((•) On resumptions of debate on motions, consideration
of reports and clauses of the Draft Act the numbers
of the pages on which the original matter appeared
have been inserted.
(d) AVhere reports were brought up the wording has as
far as possible been made uniform throughout.
(e) The term "Order of the Day" which was inserted in
some cases but not in others has been omitted
throughout the printed record.
(f) Explanatory footnotes have been added wherever con-
venient.
While the business of the Convention was undoubtedly
•greatly facilitated owing to the fact that it was conducted in a
somewhat informal manner, the preparation of this volume
was thereby rendered much more difficult and the compilation
of an elaborate index made necessary; but, although the work
involved considerable rearrangement and some amplification,
no material detail lias been omitted, nor has the text or sense
been affected in the slightest degree. Consequently where it
was found impossible to verify the facts in order to remove
anomalies the original record has been left unaltered.
In conclusion, I desire to place on record my appreciation
of the valuable assistance rendered to me in the execution of
this work by the following members of my staff, viz. : Mr.
S. S. Rumble (Chief Committee Clerk), and Messrs C. G.
Murray and -T. II. van Zuylen (Translators).
GYS. R, HOFMEYR,
Clerk of the House of Assembly and one of the
Secretaries to the Convention.
House1 of Assembly Chambers,
Cape Town,
10th September, 1911.
LIST OF DELEGATES AND OFFICERS.
LIST OF DELEGATES AND OFFICERS.
Delegates.
Cape of Good Hope — 12 :
(a) Et. Hon. Sir J. H. I>E VILLIERS, P.C., K.C.M.G.,
Chief Justice (President).
(b) Hon. J. X. MERRIMAN, M.L.A., Prime Minister.
(c) Hon. J. W. SAUER, M.L.A., Commissioner of Public
Works.
(d) Hon. F. S. MALAN, M.L.A., Secretary for Agriculture.
(e) lit. Hon. Dr. L. S. JAMESON, P.C., C.B., M.L.A.
(/) Hon. Dr. T. W. SMARTT, M.L.A.
(/) Hon. E. H. WALTON, M.L.A.
(g) Col. W. E. M. STANFORD, C.B., C.M.G., M.L.A.
Mr. J. W. JAGGER, M.L.A.
Mr. H. C. VAN HEERDEN, M.L.A.
Mr. Gr. H. MAASDORP, M.L.A.
(h) Dr. J. H. M. BECK, M.L.A.
Natal — 5 :
(i) Et. Hon. F. E. MOOR, P.C., M.L.A., Prime Minister.
(j) Col. the Hon. E. M. GREENE, K.C., C.M.G., M.L.A.,
Minister of Railways and Harbours.
(T) Mr. T. HYSLOP, J. P.,' M.L.A.
(I) Hon. C. J. SMYTIIE, J.P., M.L.A.
* Mr. W. B. MORCOM, K.C., M.L.A.
* Hon. T. WATT, C.M.G., M.L.A.
(r/) Created Baron de Villiers of Wynberg and appointed first Chief Justine
of the Union.
(Z») Created a Privy Councillor.
(c1) Minister of Railways and Harbours in the first Union Ministry.
(rf) Minister of Education in the first Union Ministry.
(>) Created a Baronet.
(/) „ Knight Commanders of the Order of St. Michael and St. George.
(</) Appointed a Senator in the first Union Parliament.
(A) Created a Knight Bachelor and elected a Senator in the first Union
Parliament.
(i) Created a Knight Commander of the Order of St. Michael and St. George-
and appointed a Senator in the first Union Parliament.
(./) Appointed a Commissioner of the Railway and Harbour Board.
(&) Created a Knight Bachelor.
(?) First Adminstrator of the Province of Natal.
* Mr. Morcom resigned before the Convention resumed in Cape Town on t lu-
ll th January, 1909, and was replaced by Mr. Watt.
xii SOUTH AFRICAN NATIONAL CONVENTION, 1908 — '09.
Transvaal — 8 :
(•;/?.) Gen. The Kt. Hon. Louis BOTHA, P.O., M.L.A., Primer
Minister.
(n) Gen. The Hon. J. C. SMUTS, M.L.A., Colonial"
Secretary .
(o) Hon. H. C. HULL, M.L.A., Colonial Treasurer,
(p) Sir GEORGE FARRAR, Kt., D.S.O., M.L.A.
(q) Sir PERCY FITZPATRICK, Kt., M.L.A.
Mr. H. L. LINDSAY, M.L.A.
Gen. S. W. BURGEB, M.L.A.
(/•) Gen. J. H. DE LA REY, M.L.A.
Orange River Colony — 5 :
(s) Hon. A. FISCHER, M.L.A., Prime Minister.
Hon. M. T. STEYN (V ice-President}.
(f) Gen. The Hon. J. B. M. HERTZOG, M.L.A., Attorney-
General.
Gen. The Hon. C. R. DE WET, M.L.A., Minister of
Agriculture.
0) Hon. A. BROWNE, I.S.O., M.L.C.
Southern Rhodesia* — 3.
(v) His Honour Sir WILLIAM MILTON, K.C.M.G., Adminis--
trator.
O) Hon. C. P. J. COGIILAN, M.L.C.
Hon. Sir LEWIS MICIIELL, Kt.
(w) First Prime Minister of the Union.
(//) Minister of the Interior, Mines and Defence in the first Union Ministry.
(<») Minister of Finance in the first Union Ministry.
(/>) Created a Baronet.
(<y) .. a Knight Commander of the Order of St. Michael and St George.
(/•) Elected a Senator in the first Union Parliament.
(•^ Created a Privy Councillor; Minister of Lands in \ st Union
Ministry.
(0 Minister of Justice in the first Union Ministry.
(» Created a Companion of the Order of St. Michael and St. George.
O1) ., Kniprht Commander of the Victorian Order.
O) .. a Knight Bachelor.
* The llhod»sian representatives were given the righ to speak but not
to vote.
LIST OF DELEGATES AND OFFICERS. xiii
Officers.
.Secretaries :
Cape of Good Hope: Mr. E. F. Kilpin, C.M.G.,* Clerk of
the House of Assembly (Chief Secretary).
Natal: Mr. G. T. Plowman, C.M.G.,t Secretary to the
Prime Minister.
Transvaal: Mr. G. II. Hofmeyr,t Clerk of the Legislative
Assembly.
Orange River Colony: Mr. A. M. N. de Villiers,t Clerk of
the House of Assembly.
Interpreter :
Dr. W. E. Bok,§ Private Secretary to Gen. the Rt. Hon.
Louis Botha, P.C., M.L.A,, Prime Minister of the
Transvaal.
Legal Advisers :
Hon. R, H. Brand. II
Mr. N. J. de Wet.
Mr. P. Duncan, C.M.G.
Mr. B. K. Long, M.L.A.
Mr. F. Lucas.
Mr. W. Luckhoff.
Mr. H. S. van Zyl, M.L.A.
Mr. AY. J. van Zyl, M.L.A.
* Created a Knight Commander of the Order of St. Michael and St. George,
f Appointed Clerk of the House of Assembly of the Union Parliament.
* ., Secretaries to the Administrators of the Provinces of Natal and
the Orange Free State respectively.
§ Appointed Secretary to the Prime Mini>ter of the Union.
lj Created a Companion of the Order of St. Michael and St. George.
xiv SOUTH AFRICAN NATIONAL CONVENTION, 1908 — '09.
List of Delegates* appointed to proceed to London in
connection with the passage of the Draft South
Africa Act through the Parliament of the United
Kingdom.
CAPE OF GOOD HOPE:
Rt. Hon. Sir J. H. de Villiers.
Hon. J, X. Merrinian.
Hon. J. W. Sauer.
Rt. Hon. Dr. L. S. Jameson.
Hon. J. H. Hofmeyr.
NATAL:
Rt. Hon. F. R. Moor.
Col. the Hon. E. M. Greene.
Hon. C. J. Suivthe.
Mr. T. Hyslop.
Hon. T. Watt.
TRANSVAAL:
Gen. The Rt. Hon. Louis Botha.
Gen. The Hon. J. C. Smuts.
Hon. II. C. Hull.
Sir George Farrar.
Sir Percy Fitzpatrick.
ORANGE 1UYER COLONY :
Hon. A. Fischer.
Hon. M. T. Stern.
Gen. The Hon. J. 13. M. Hertzog.
Hon. A. Browne.
For alterations in titles, et.'., see pages xi-xii.
LIST OF AXNEXUHKS.
XV
LIST OF ANNEXURES
TO THE
MINUTES OF PROCEEDINGS.
No. of
Annex-
tin •.
4 S
IS
2C.
SUBJECT.
Telegram from the Secretary of State for the
Colonies with message of congratulation from
H.M. the King.
Telegram from the Governor of the Cape of Good
Hope with message of congratulation from the
Secretary of State for the Colonies.
Telegram from the Governor of the Cape of Good
Hope with personal message of congratulation.
Credentials of delegates for the Cape of Good Hope,
Natal, Transvaal and Orange River Colony, and
of representatives for Rhodesia.
Telegrams of congratulation from Hon. W. P.
Schreiiier, Xewlands ; Postma, Burghersdorp ;
Afrikander Bond. Steynsburg : Adam Smith.
Kokstad ; Eendracht, Oudtshoorn ; Esselen, Pre-
toria ; Jan Luttig, jr., Prince Albert ; C. J.
Krige and J)r. Viljoen, Caledon ; and Miss
Hobhouse, Pretoria.
Letter from II. E. the Earl of Sel borne forwarding
message of congratulation from His Majesty's
Government.
Telegrams of congratulation from De Wet, Aliwal
North ; Mayor and inhabitants of Carnarvon :
Lombard. M.L.C.. Riebeek East : Griqualaud
Vi'est Farmers' Association, Belmont ; Moderator.
Dutch Reformed Church. Natal : and Sons of
Ingland Society. King William's Town.
Correspondence on presentation of petition regarding
women's franchise.
Letter from J. M. Orpen. C.M.G.. on representation
for other than white citizens.
Letter of congratulation from the Griqualand West
Farmers' Association. Modder River.
Telegrams of congratulation from Stellenbnseh
Municipal Council : Dutch Reformed Church.
George and Cape 1o\vn Ring?.; President.
Baptist Union. Alice.
Letter from H.E. the Earl of Selborne acknowledg-
ing receipt of Minr.tes of Proceedings.
Similar letter from 11. E. Sir Matthew Nathan
Provisional draft of pn 'posed '' British South Africa
Act." prepared in Natal.
Remarks.
SeelMinutes.
pp. 2-3.
See Minutes,
p. :i.
See Minutes,
p. H.
See Minutes,
pp. 3-5.
Not printed.
do.
xvi SOUTH AFRICAN NATIONAL CONVENTION, 1908 — '09.
No. of
Annex-
ure.
33
34
35
36
37
38-40
41
42
43
44
45
4G
17
18
49
SUBJECT.
Petition from ;">(> women of South Africa in opposi-
tion to women's franchise.
Division List No. 1 ...
Copy of reply to telegrams, and letters of congratula-
tion.
Letter from S. Estcourt offering land at Rosmead
Junction as site for capital.
Telegram of congratulation. Head Committee, S.A.
Taalbond.
Division Lists Xos. 2. 3 and 4
Petition from Head Committee, Afrikaansche
Christelijke Vrcuwen Vereeniging, on equal
language rights.
Petition from Head Committee. Oranje Vrouwen
Vereeniging, on equal language rights.
Petition from Natal Womens' Enfranchisement Com-
mittee on women's suffrage.
Similar petition from 058 men and women of the
Cape Colony.
Letter and petition from Cape coloured people resident
on the Witwatersrand, on claim to full political
rights.
Petition from 7.2oO women of South Africa, in oppo-
sition to women's franchise.
Letter from President. Naturalization Reform Associa-
tion, on naturalization reform.
Petition from 1.47!) men and women of the Cape
Colony. 011 women's suffrage.
Letter from Mayor of Kroonstad on adjournment of
Convention to that place.
Telegram of congratulation from Head Committee,
South African Women's Federation.
52 Division Lists Xos. 5 am
Telegram of congratulation from Klipspmit branch
or tin- Afrikander Homl.
Remarks.
Not printed.
See Minutes,
p. 16.
Not printed,
do.
do.
See Minutes,
pp. 19 & 21.
Not printed.
do.
do
do.
do.
do.
do.
do.
do.
do.
See Minutes,
p. 32.
Not printed.
See Minutes,
PP. 3i;-3i>.
Not printed.
LIST OF ANNEXURES. xvii
No. of
Annex- SUBJECT. Remarks.
nrc.
I
•Ml Similar petition from African Political Organization Xot printed.
lit' the Transvaal.
CiI l!2 Division Lists Xos. 12 and II? ... ... ... ... See Minutes,
pp. 45-lfi.
r,:; Telegram from Mayor of Harriamith on adjournment i Not printed.
of Convention to that place.
I
r>4 Petition from African Political Organization of the do.
< (range River Colony, on franchise rights.
i;.") OS Division Lists Xos. 14-17 ..
See Minutes,
pp. 50-56.
»')'.» Letter from Mayor of Queonstown on situation of i Xot printed.
1'nion Capital at that place.
7' i Telegram of congratulation from the Synod of the do.
Dutch Reformed Mission Church. Paarl.
71 Letter from C. Daniel on rights of coloured people ... : do.
72 7:> Division Lists Xos. 18 and !1» ... ... ... ... , See Minutes,
i pp. 05 & 72.
71 75 Letters from ILE. the Earl of Selborne on congratu- Xot printed,
lations to FLM. the King on birthday.
7(1 Telegram of congratulation from Naturalization do.
Uefonn Association. Cape Town.
11 Letter from \Yynberg Coloured Men's Political do.
Organization on rights of coloured people.
7* Petition from l.'J'.M natives of the Transvaal on do.
representation in I'nion Parliament.
7'.» si i Division Liets Xos. 2<i and 21 ... ... ... ... See Minutes,
pp. 75-715.
si Telegram of congratulation from Chairman of Xot printed.
.Uolteno branch of the Afrikander l»ond.
S2 SM Division Lists Xos. 22 and 2" ... ... ... ... See Minutes.
pp. 7it-sn.
si lleport of Committee on (Qualifications of Members. See Minutes,
etc. pp. <1-S2.
See ITinutes.
p. S3.
See Minutes,
pp. S4-S5.
xriii SOUTH AFRICAN NATIONAL CONVENTION, 1908 — '09.
No. of
Annex-
ure.
91a
92 93
94
97
98
99
100
101
102
103
104
105
1 Ofi
107
108
SUBJECT.
Remarks.
Report of Committee on Statistics (with printed
volume of statistics).
Division Lists Xos. 28 and 29
Petition fr.irn 181 men and women of the Cape
Colony, in favour of women's franchise.
Division Lists Xos 29a and 30 .
Letter from the Rev. T. H. Jones, forwarding resolu-
tion of Diamond Fields Ministers' Association on
uniform code of marriage laws.
Report of Committee on Administration of Justice ...
Division List Xo. 31
Letter from Town Clerk, Mafeking, on situation of
Union Capital t.t that place.
Division List Xo. 32
I Report of Committee on Provincial Constitutions ...
I
| Letter from His Honour Sir William Milton, acknow-
ledging receipt of Minutes of Proceedings.
First Report of Committee on Civil Service and
Miscellaneous Matters.
Telegram of congratulation from (-Jrand Secretaiy.
Masonic Hall. Johannesburg.
Report of Committre on Native Affairs
I
Interim Report of Committee1 on Union Capital
i First R-port of Committee on Financ',..
Secmd Report of Committee on Civil Service and
Miscellaneous Mat .e> s.
Letter of congratulation fioiu Cape Town and District
Evangelical Cnurch Council.
Divisi-m Lists Xos. :!2a. 32b and 32<-
Credential of the Hon. T. Watt. C. \I.< ;., M.L.A.. as a
delegate for Natal, i-ii-e W. I'.. Moieom. K C..
resigned.
Report only
printed, see
Minutes,
p. 93.
See Minutes,
p. 97.
Xot printed.
See Minutf s,
pp. ion ,v no.
Xot printed.
See Minutes,
pp. 117-121.
See Minutes,
p. 121.
Xot printed.
See Minutes,
p. 130.
See Minutes,
pp. 99-104.
Xot printed.
See Minutes,
pp. 12U-12S.
Xot printed.
See Minutes,
pp. 131-138.
See Minutes,
pp. 138-139.
See Minutes,
pp. 1 39- 1 12.
Set' Minutes.
Xot printed.
See Minutes,
pp. 1 I. '.-I is.
See Minutes,
p. 1 ~>o.
LIST OF ANNEXURKS.
xix
No. of
Annex-
ure.
SUBJECT.
Remarks.
111 Petition from 1,770 natives of the Transvaal, on
representation in Union Parliament.
112 Draft South Africa Act. brought up by the Drafting
Committee.
113-I13a Division Lists Nos. 33 and 34
1 11 Revised First Report of Committee on Finance
I
1 1 o-l 1 0 Division Lists Nos. 35 and 36
1 1 7 Letter from Parijs Municipality, on situation of Union
Capital at that place.
118 Similar letter from Potchefstroom Municipality
119 Division List No. 37
120 Telegram from Kroonstad Municipality, offering free
land at that place for Union Capital.
121 : Division List No. 38
122 Report of Committee on Union Capital
123-124 : Division Lists Nos. 3'.l and 40
125 Invitation to members to attend Stellenbosch Agri-
cultural Show.
126-128 Division Lists Nos. 41-43
129 Second Report of Committee on Finance
130 --136 Division Lists Nos. 44-19...
Not printed.
See Appendix
E.
See Minutes,
pp. 153-154.
See Minutes.
pp. 155-159.
Sec Minutes,
pp. 160-161.
Not printed.
do.
See Minutes.
p. K18.
Not printed
See Minutes,
p. 171.
See Minut' s.
pp. 172-173.
See Minutes,
pp. 174-17fi.
Not printed.
137 First Report of Drafting Committee on amendments
to Draft Act.
138 Letter from Potehefstroom Municipality cm low
death rate.
See Minutes,
pp. ISO- 183.
i See Minutes.
pp. 18ti-187.
See Minutes,
pp. 1SS-I97.
See Min u t< >.
pp. 2UO-20I'..
Not printed.
139-15U Division Lists Nos. :>n-61
151 Second Report of Drafting Committee on amendment^
to Draft Act.
152 Third Report of Committee on Finance
See Minutes,
pp. 207-221.
See Minutes,
pp. 229-232.
See Minute?-,
p. 232.
XX
SOUTH AFRICAN NATIONAL CONVENTION, 1908 — '09.
No. of
Annex-
ure.
SUBJECT.
Remark*.
162a
Division List No (ila
See Minutes,
p. 234.
i 53
Report of Committee on procedure after publication
of Draft South Africa Act.
See Minutes,
p. 236.
151
Letter from Chairman of Kiruberley and Bloemfontein
Not printed.
District Synod of Wesleyan Metliodist Church
(native section), on safeguarding of interests of
natives.
155 Report of Committee on Precis of Draft South Africa See Minutes,
Act. pp. 239-243.
l.")(i Dutch Draft South Africa Act, brought up by Com- Not printed in
mittee appointed thereon. this volume.
157-158 Drafts and Prints of South Africa Act, shewing
amendments made by the Convention at various
stages, viz. : —
First Draft, as brought up by Drafting Com- | See Appendix
niittee. E.
Second Draft, as amended by Convention ... Not printed.
First Print, do.
Second Print. ,, „ ... j do.
Third Print, as finally agreed to ... ... ... \ do.
Final Print, with First Report ... ... ... do.
15!» ; First Report and Draft South Africa Act (in Dutch). Not printed in
as signed by delegates. this volume.
IdO First Report and Draft South Africa Act (in English). ! See Appendix
as signed by delegates. F.
If.l ML' Corrected Prints (in Dutch) of Draft South Africa Not printed.
Act,
Ki3 Letter from II. E. the Earl of Sd borne on amend- do.
rnents of section in regard to Kills reserved for
His Majesty's pleasure.
161 | Letter from the Judge President, Eastern Districts do.
Court, forwarding memorandum of Judges of that
Court on proposed amendments to Draff Act.
Hi 5 Letter from the Prime Minister of the () range River do.
Colony. forwarding resolution ol House of
Assembly of that Colony, no! eoneiiiTcd iu by
Legislative Council, on definition of "spursity and
density of population." and •' sparsely populated
areas."
Letter from II. E. the Karl of Selborne on reception do.
by British Government of delegates to London in
connection with passage of Draft Aet through the
Parliament of the United Kingdom.
LlST OF A.VNKXl'UKS. XX 1
No. of i
Annex-! SUBJECT. Remark-
li',7 Letter from Chdirman of meeting of coloured resi- Not printed.
<;enl-< of Wellington. Cape Colony, on preservation
of franchise rights.
his Petition from Wynberg Coloured .Men's Political do.
Organization, on preservation of franchise rights.
Hi1,) Resolutions of the vaiious I';u-l lament •» OQ consid^ra- See Appendix
tio-i if Draft Act, together \vitli amendments (i.
proponed t hereto.
I7n lu"-"!ul ion of public me.cting held at Kloemfontein. Not j)rinted.
nil e-talilislinu'iit of I'nion railway workshops at
;hat place.
171 Division List No. 1 (Bloeuafonteiu) ... .. ... See Minutes.
p. 2r,:,.
1 7L' Petition from Wine Farmers of the Cape Colony, on Not printed,
relief to their industry.
173 Letter from the Right Rev. the Archbishop of Cape do.
Town and Clergy of other denominations, on
position and privileges of coloured and native
races.
171 Letter from (Jtneral Secretary. African Political do.
Organization, forwarding resolutions on protection
of rights of coloured people.
175 Letter from Resident Magistrate, Thaba- 'Nchn, for- do.
warding petition from natives of that district on
protection of rights of coloured people.
17i'> Fir.>t Report (Bloemfontein) of Committee on Finance See .'Minutes,
pp. 2^8-2o'J.
177 ' Revolt of Committee on Dictions .'Wand in of Draft See Minutes,
South Africa Act, p. 2<io.
See Minutes.
P. 2<;i.
Sec Minutu-.
pp. L'«.-).2i!7.
l.s| Sc'.'nnd Report (lilormfontciu) oi Connnittee on See Minutes.
Finance. p. 1'iis.
xxii SOUTH AFJUTAN NATIONAL CONVENTION, 1908 — '09.
No. of
Annex- SUBJECT. Remarks.
tire.
18»> Third Report (Bloemfontein) of Committee on See Minutes,
Firance. p. 27H.
187 Second Report and amended Draft South Africa Ac1; Not printed in
(in Dutch), as finally adopted and signed by this volume,
delegates.
188 Second Report and amended Draft South A frici Act Report only
(in English), as finally adopted and signed by printed, see
delegates. Appendix H.
CONVENTION RECORDS.
NOTE.— The original records of the Convention are bound in manuscript
in five volumes, as follows : —
Vol. I. — Minutes of Proceedings.
Vol. II., III. and IV. — The annexures enumerated above.
Vol. V. — General correspondence, etc.
G.R.H.
COMMITTEES APPOINTED. xxiii
COMMITTEES APPOINTED.
STATISTICS : Messrs. Browne (Chairman), Walton, Hull,
Ilyslop, and Sir William Mi lion.
Appointed \(\\\\ and 19th October, 1908 (pages 14 and
20).
AV/W/-W .",()th November, 1908 (page 9:5).
FRANCHISE: Messrs. Fisrher (Cha inn an), Sauer, Walton, Sir-
Percy Fit/patrick, Gen. Smuts, Gen. Hert/og, Mr.
Sinythe, Col. Greene, and Mr. Coghlan.
Appointed- -'22nd October, 1908 (pages 2U-27).
/ff/ioi-tcd First, 2nd November, 1908 (pages W>-n"t ) ;
Second, 4th November, 1908 (page 64).
CONSTITUTION OF SKXATK : The President (Chairman), Mr.
Merrinian, Dr. Jameson, Messrs. Moor, Hyslop, Gen.
Botha, Sir Percy Fitzpatrick, Messrs. Fischer and
Browne.
Appointed — 26th October, 1908 (page •'}")).
Re. ported— 27th October, 1908 (page :$(>).'
CONSTITUTION OF HOUSE or ASSEMBLY: The President (Cliair-
•man), Mr. Merriman, Dr. Jameson, Messrs. Moor,
Hyslop, Col. Greene, Gen. Botha, Sir George Farrar,
Gen. Smuts, Mr. Fischer, Gen. Hertzog, and Mr.
Browne.
Appointed 28th October, 1908 (page -tf ).
Reported- First, 29th October, 1908 (pages 44-4.'));
Second, -'!rd November, 1908 (pages -">7-58).
ADMINISTRATION OF JUSTICE: The President (Chairman}.
Messrs. Merriman, Sauer, Col. Greene, Mr. Morcom,
Gen. Smuts, Messrs. Lindsay, Fischer, Gen. Hert/og
and Mr. Coghlan.
Appointed — 5th November, 1908 (page 70).
Reported— 8ih December, 1908 (pages 117-121;.
QUALIFICATIONS OF MEMBERS: Messrs. Sauer (Chairman],
Morcom, Hull, and Gen. Hert/og.
A/>pointed -2;>rd November, 1908 (page 7li).
l\('l>ortcd - 2oth November, 1908 (pages Si -82).
Oi;i>Ei{ LIST AND NOTICE PAPER : The President, .Messrs Merri-
nian, Moor, Gen. Botha, and Mr. Fischer.
A/> /tainted 2;!rd November. 1908 (page 7;>).
PHOVINCI AI. Co.NS'i'iTUTio.NS : The Pre>id(Mit (Cliainnan), Mi-.
Merriman, Dr. Jameson, Col. Greene, Mr. Hv^lop,
(icn. Smut>, Sir George Farrar, Mr. l-'i^cher. Gen.
Ilertxog (with Mr. Steyn as alternate), and Mr.
( 'oghlan.
A/i/jointcd 27th November, 1908 (]>agrs S!>-!»0).
Jfc/iorhd 2nd nerember. 1908 (pages IMl-104).
xxiv SOUTH AVUICAX \\TIOXAT. COXVKXTTOX, 1908 — '09.
FIXA.NCK : Messrs. Merrimaii* [afterwards replaced by Mr.
S;iuer (Chairman] |, Jagger, Hyslop, Col. Greene
(afterwards temporarily replaced by Mr. Smythe),
Mr. Hull, Sir George Farrar (will) Gen. Smuts as
alternate), Messrs. Fischer, Browne, and Sir Lewis
Michel 1.
- 1 />/>o//if<'(/ 7th Deeember, 190S (page 111).
AV/^rW First, 17th December. 190S ^pages 1:}9-U2),
and Mill .Taiiiiary, 1909 (pages ! -V>-1 •"»!) ) : Second, 20th
•January, 1909 (pages 180-187); Third, 29tli January,
1909 (page 2-'J2).
~Re<tji pointed at Jfluemfontrui :»rd May, 1909 (page 2-~>l ).
AV//0/-W Firsl. (itli .Mav, 1909 (pajjes 'JoS-'J ">!)); Second
lOlh .May, 1909 (page' OT); Third, 11th May. 1909
(page "21'-) ).
XvnvK AKKAIKS: The President (Cliairmfin}, Mi'. M.erriman,
Col. Stanford, Mr. Moor, den. IJoll'a, Mr. Fischer,
and Sir Lewis Michel].
10th December, 1908 ('page 12~»).
Reported- 17th December. 1 90S (pages 1 :'.4-l :>>8).
CIVIL SKEVICK AND MISCKLLAXEOUS MATTKKS : Messrs. Steyn
(Chairman], Merrimaii, Dr. Jameson, Messrs. Mor-
com, Smythe, (Jen. Smuts, Sir Percy Fitzpatriek,
Gen. Hertxog, and Sir Lewis Michel!.
. 1 i>i>ointid 10th Deeember, 190S page 12->i.
Reported First. 1-ltli December, 1908 (pages 120-128) ;
Second, 17th December. 1 90S ;p;i<ve 1l2l.
1'xiox CAIMTAI.: The President i ('ho inn iin\, Messrs. Saner
(with Mr. Maasdorp a^ alternate), Hysloj) (with Col.
Greene as alternate), (Jen. !;otha and (TCD. Hertzog.
A-ppnintcd 10th Deeemher, !9os ,'paf>vs 12">-12(j).
Reported Interim I'eport. 17th Dc'-emb(-r. 1908 (pages
1.'!(S-1::9i: Peport. iSth Tanuary. !90!> .• pages 172-17:'.).
DIMKT Soi'Tii Ai'itK \ ACT: Tlr- l're>ideii! <'Ii<i//-ni/iii}, Mr.
Merrimaii (with Mr. Waii'Hi ;c; alternale), Col.
(Jreene !afier\vards replaced j,\ \j r. \.\'att ). Cien.
Smut- (wilh Mr. linll a- abf-r.iale >, Gen. TIert/og.
and Sir F.e\vi-« Mi'-liell \\iih Mr. i'o^lilan as altei--
nate).
Ap/iuinfcf/ ISth December. |!H}> ' ji;!j;e M-5).
Reported !)r;i!i Act sul)'n it t< -|, !'J'.!i January. 1909 (page
I-VJ : First, 'j-'ird Jain'ary. !(|i;'.l .;.o-('s 'JOO-'JOd'i :
Second. 29th Fanuai v. !9)I9 '.' !(.^-\'2 } : Third.
2nd February. i90!) p^-c 2 !7).
COMMITTEES APPOINTED. xxv
* DCTCII DKAFT Sot TII AFRICA ACT: (Jen. Hertzog (Chair-
man), Messrs. Mulan, Moor, and (ion. Smuts.
A/>/ni/nfrt/ l!)th January, 190!) (page ITS).
Kt'linrti-il -Draft Act submitted, 2nd February, 11)0!) (page
244).
PKK.CIS OK DRAFT SOTTII AFRICA ACT: Mr. \Valfon (('linir-
iinin), Mi1. \Ya1t, (J(>n. Siniils, (icn. llortzog, and Mr.
( 'o<r|ilan.
A/i/xi/nfc// 'J!)tli .January. 1!M)!) fjia^c 2-'!o).
/{(-l>t,rtrf/ :!()tli January,' 100!) (pages ^W-'J I-'!).
I'UOCKDI'R!': AK'I'K.R 1 ' I !H. I ( 'ATI < )\ OK DlJAKT SoCTII Al'lMCA A ( T :
The I'rosidcnl (Chair mail), M.ossrs. Merriniau, Moor,
(Jen. Botha, and Mr. Fischer.
Ainmintcil ^!)lli January, 1!M)!J (page 2-'5")).
/{.'/.nrt,;/ :!()! h January.' !!)()!) (page ^!(i).
SK.( TIO.VS •'!!) AND 40 OK DRAFT SorTii AFRICA A CT : Tlie Presi-
dent (( 'lunniKtn ), Mr. Sauer, ])r. -Jameson, Mr.
Moor, Col. Greene, (ten. Snnils, Sir (reorge Farrar,
M"(>s>rs. Stevn, Fischer, and Cogiilaii.
A i>iKi/ntcil 7th Mav, ]!!()!» 'page !2(iO!.
Rcmrtnl Ttli Ma.' 1 <)()!.) f>ae 'J(iO.
SOUTH AFRICAN NATIONAL CONVENTION,
MINUTES OF PKOCEBDIXaS.
DUKUAN. MONDAY. IL'TII OCTOP.KR, !!)<>*.
1. The delegates assembled in the. Council Chat
Town Hall at a (|iiartcr to twelve <> clock, a.m.
2. Air. Mtior moved : That the Ri^ht Honourable Sir. I. II. <ic
Villiers he President of the Convention.
Agreed to. unanimously.
>//• Henri/ <lc VHIicrx from his place said : < lent Icmeii. I
thank you for the "Teat, and signal honour which vou have done
me bv electing me as Chairman of this Convention. 1 would
have been quite content to take my part as an ordinary member,
but 1 cannot shirk the responsibility \\hich your unanimous
vote has imposed on me and I therefore place mv servic-s.
such as they are, entirely at your disposal.
It is well, Gentlemen, that, we should at the outset clearlv
understand the exact nature of the duties entrusted to us bv the
different Parliaments which have appointed us as delegates.
They have accepted the resolutions of the Pretoria. Conference
to the effect that "'the best interests and the permanent pro.—
peiity of South Africa can onlv be secured bv an earlv union
under the Crown of (ireat Uritain, of the several se]f-<>'overnin<>;
Colonies, and that the object ot the Convention shall lie "to con-
sider and report, on the most desirable form of South African
Union and to prepare a Draft Constitution."'
\\ e have a mandate, therefore, to enquire, not whether an earlv
union is desirable, for that has already been decided upon bv
our principals, but what form that union should take and what
should lie the machinery lor hrinjjin"1 if into beinu'. There
appears to be an unpre.-siou abroad that this Convention ]> inmiu'
to la\" down the lines to lie Followed upon such questions a> the
future native pnlicv of South .Africa, but I think von will ain'ee
with me that questions of that nature can onlv lie dealt with bv
us in so far as thev bear upon the immediate matters submitted
to us for consideration.
The chief argument in favour of a closer union is that bv
that means oiilv can we obtain one Legislature for all the
Colonies of South Alrica that \\ill be able to cope wiih the n-reat
problems which are common to all the Colonies and which thev
cannot individnallv and at the same time effectual Iv deal with.
'1 Sor'ni AFKH AN NATIONAL CONVKNTIOX, 1908 — '09.
We cannot usurp the functions of such a Legislature, but at
the same time we cannot avoid the discussion of the wider
problems if such discussion becomes necessary for the due per-
formance of the duties actually entrusted to us. The difficulties
which we shall have to encounter are great enough without our
goinii' out of our wav in order to add to them, but, I feel confident
that thev will not prove to be insurmountable. Everything
depends upon the spirit \\ith which we approach the performance
of our task. Failure is certain if we start with a feeling of
distrust and suspicion of each other and with the sole desire to
secure as manv advantages as we can for our respective political
parties or our respective Colonies. Success is certain if we
give each other our fullest confidence and act upon the principle
that, while not neglectful of the interests of those who have
sent us here, we a''e. for the time being, representatives of the
whole of 1'ritish South Africa. A great opportunity now lies
before us and it is an opportunity which may not soon occur
again. We have the best Aviehes not onlv of those who sent
us but of ( ireat Britain and oi the Empire. No more striking
proof could have been given bv (ireat Britain of her sympathy
with our aspirations than the sending of the Squadron which lies
at anchor in this harbour to greet the Convention. As to the
feelings of the rest of the Empire1, if thev are at all reflected bv
what I experienced lately in Canada they are more than sympa-
thetic. The ardent wish was expre-sed to me by every Canadian
statesman 1 met that our Convention may immediately lead to
great and practical results. Wherever those of us Avho come
from the Cape Cclonv have called on our way we have been
greeted with enthusiasm and with the best wishes for our success.
\\ ith so much to cheer us on we mav well proceed hopefully w th
our difficult task and with the full determination not to dissolve
until we have succeeded in framing a scheme of union which
shall be durable and destined to create a strong and united.
prosperous and contented South African nation within the l'old>
of the British Empire.
The second resolution ol the Conference was "thai to the
I 'nidi contemplated in the foregoing resolution Rhodesia -ball
be entitled to admission at such time and on such conditions as
mav hereafter be agreed upon. It was onlv ri^ht. there
that representatives from Rhodesia should be admitted to
deliberations, and on behalf of the Convention 1 take
opportunity of bidding them a heart v welcome.
N/Y Ifinri/ then took the Chair.
'.\. 'I lir J'r/sxli nl read and put in the following telegrams :
(\) I' nun the Secretary of State for the Colonies, London, to
the President, ('loser I nion Convention, Durban.
Ill- Majesty has commanded me to ask von to recei\i- and
to convey to the members ol the Convention at Durban an
if his dee]) interest in the subject of Closer
has brought them ton-ether, and of his cordial
for the success of their deliberations animated bv
MlNfTKS OF PlMX'EKDINGS. .')
llioir whole-hearted desires and unswerving efforts for the
common good of South Africa. Crewe.
( li ) From tin- Governor, Cape Town, to the Prime Minister
of ( 'ape ( 'olonv, Durban.
\~2\\\ Oct. — Following from Secretary of State: Please
transmit following message; to delegates representing Govern-
ment of ('ape of (Jood Hope. As Secretary of Shite for
the ('ninnies it gives me sincere pleasure on behalf of His
Majesty's Government a> representing the people of the
I'nited Kingdom to express then- profound sense of the im-
portance of the meetings of the Convention at Durban and
of the objects of Closer I nion which it has in view. It is
to them a source of satisfaction that it should have been
rendered possible to summon such a. Convention, and that
they as advisers of His Majesty the king should be privi-
leged to express the confident hope that its labours will produce
results beneficial to South Africa. 1 feel sure that all His
Majesty the King's self-governing Dominions will share in the
feelings which prompt this message.
(in) From the Governor, Cape Colonv, to the President,
National Convention, Durban.
12th Oct. — Please accept and convey to the members of
the Convention the expression of mv keen satisfaction at the
thought that their labours are actually commencing and of mv
earnest hope that their deliberations mav be guided towards
adequate solution in the best interest of the Kmpire of
the ii'reat problems which have been introduced to their
consideration bv the people of South Africa.
4. Mr. Mrrriiinni moved : That Mi1. M. T. Ste\ n be Vice-
President of the Convention.
A greed to. unanimously.
Mr. Slci/n expressed his thanks lor the honour which ha I been
done to him. and placed his services at the disposal .-if the ('(in-
vention in the capacity of \ ice-President.
•~>. M/'. Moor moved : That Mr. E. F. Kilpin b-- appointed
Chief Secretary of the Convention, and that Mr. (i. \\.
Hofmevr. Mr. A. M. N. de \ dhers. and Mr. (i. T. Plowman \\>-
Secretaries to the Convention.
A Ll'reed to.
ii. The credent ials of the delegates attending the Convention
were then put in as follows :
( i ) P>v Mr. M/ rriiiuin :
The Followiny are the delegates appointed tn represent the
Colony of the ('ape of Good Hope m the Convention on the
Closer I'nion of South Africa, vi/. : —
The Right Honourable Sir -1. II.de Villiers. P.C.. K.C.M.I,.-
( 'hief .1 list ice.
The Ri«.-lit Honourable Dr. L. S. .Jameson. P.C.. C.B.. M.L.A.
The Honourable Dr. T. \V. Smartt. M.L.A.
4 Soi'TII A KKI CAN .\ATIO.\.\I. ( '<>.\ V K.NT IO.N , 1908 '09.
The Honour.iblc K. II. Walton, M.L.A.
Col. W. !•;. M. $tanford.C.B.,C.M.G., M.L.A.
.1. W. .! agger Esq.. M.L.A.
II. ('. van Hen-den Esq., M.L.A.
(J. II. Maasdorp Esq.. M.L.A.
Dr. .1. II. M. P.eek. M.L.A.
Tlit1 1 lonourahle F. S. Malan, M. L.A., Secretary For Agriculture.
Tin1 Honourable .1. W. Saner, M.L.A., Commissioner of Public
Works.
The Honourable .1. X. Mernman, M.L.A.., Prime Minister.
Mr. K. F. Kilpin. C.M.G., Clerk of the House of Assembly,
lias been appointed to be tlie Secretary for the Cape of (iood
(Sir<!.> JOHN X. ME RH I MAN,
Prime Minister.
Prime Minister's* (Wee.
Cape Town.
!>iith September, 1 <)()S.
(ii) By Mr. M<H»- :
The following are the delegates appointed to represent the
Colony of Natal in the Convention on the Closer Union of South
A frica. vi/.: —
The Right Honourable F. R. Moor. P.C.. M.L.A.
\V. 15. Morcom. Esq., K.C.. M.L.A.
T. Ilyslop. Es.j., J.P.. M.L.A.
The Honourable Col. E. M. Greene. K.C.. M.L.A.. and
The Honourable C. .1. Smvthe. J.P.. M.L.A.
Mi1. <i. T. Plowimin has bei-n appointed to be the Secretary for
the ( 'olonv of Natal.
(Sgd.) F. K. MCOR,
Prime Minister.
I 'rune M mister s ( )tiiee.
Pietennaritxbnrg. Natal.
Sth ( ieiober. 1 !)()S.
The following are the delegates appointed to represent the
Colonv of the Transvaal in the convention on the Closer Union
nl South A I riea. vi/..: —
Sir (i. II. Fiirrar, D.S.O.. M.L.A.
Sir .1. P. Kit/patrick. M.L.A.
II. L. Lindsay Kscj., M.L.A.
fk-ii. S. \V. 'linruvr, M.L.A.
(.en. .1. II. ,!,. in' Rev. M.L.A.
The Honourable II. C. Hull, M.L.A.. Colonial Treasurer.
( i en. i he Honourable ,1. C. Smuts. M. L. A.. Colonial Secretary.
(Jen. the Right Honourable L. IJntha. P.C.. M.L.A.. Prime
M ini-ter.
MINUTES OF PROCEEDINGS. ;>
Mr. (J. R. Hofineyr, Clerk of the Legislative Assembly, has
l)een appointed Secretary for the Transvaal.
Dr. W. E. Bok. Private Secretary to tlie Kt. lion. L. Botha,
lias been apj)ointed Official Interpreter to the Convention.
(Sod.) LOUIS BOTHA,
Prime Minister.
Prime Minister's Office,
Pretoria,
October, 190H.
(iv) P>y Mr. risrhcr :
The following are the delegates appointed to represent the
Orange River Colony in the ('(invention on the Closer Union of
South A f'rica, vi/.: —
Mr. M. T. Steyn.
Thi' Honourable .1. 15. M. Hert/og, M.L.A.. Attorney-
General.
The Honourable C. R. de Wet. M.L.A., Minister of Agri-
culture.
The Honourable A. Browne, I.S.O.. M.L.C.
The Honourable A. Fischer. M.L.A.. Prime Minister.
Mr. A. M. X. de Villiers, Clerk of the House of Assembly,
has l)een appointed to be the Secretary for the Orange Kiver
Colony.
(Sgd.) A. FISCHER.
Prune M inister.
Prime Minister's Office,
Bloemfontein,
b'th October, 190S.
(v ) By Sir Lan* Mirliell :
The Administrator of Southern Rhodesia, \\ith the advice of
the Executive Council, has approved of the appointment of the
following1 as representatives oi the Territorv of Southern Rhodesia
at the Closer Union Convention to be held in Durban on 1 2th
October. 19<>S : —
Sir William Henry Milton. K.C.M.G., Administrator.
The Honourable Sir Lewis Loyd Michell, Kt.
Charles Patrick John Coghlan Esq.. M.L.C.
(Sgd.) W. II. MILTON.
Adni'.nist rator.
(Sgd.) A. II. HOLLAND,
Acting Clerk of Councils.
Salisbury.
2nd October, 1!K)S.
7. All the members of the Convention were piv-ent with tin-
exception of Sir \\ iiham Milton and Mr. Coghlan.
8. '/.'/if f-'rc*i<l<'itl stated that the Convention had this inornino-
attended in the Town Hall where before a large gathering of the
citizens of Durban His A\ orship the Mavor had extended a
cordial welcome to the Convention and that Mr. Henwood's good
(} SofTii AKHHAX XATIOXAI, Cox\ KXTIO.X, 1008 — '00.
wishes had been dulv responded to on behalf of the Convention
bv the Prime Minister of the Cape of Good Hope.
!). Tin- J-'ri'titldit intimated that the following rules for the
regulation of the work of the Convention were included in the
resolutions adopted at the Pretoria Conference on the 5th May,
11)08, and had been confirmed by the Parliaments of the respective
Colonies concerned, vi/. :
(i) The voting shall be />cr ca/iita, and not by Stales.
(ii) The Chairman shall have, the right of speaking and voting,
and, in the event of an equality of votes, shall have a
casting vote.
10. The Convention proceeded to frame; further rules and
orders for its procedure.
Mr. Sniicr moved : That eight of the members entitled to
vote shall form a quorum.
(ifii. Sn//rfs moved as an amendment : To omit " eight " and
subsl it ute •• t welve.
After discussion.
Will; leave of the Convention.
The mniion propo-ed by Mi1. Saner was. withdrawn in favour of
the amendment, which was put as the main question and agreed
to.
Discussion ensued.
11. Resolved: That DJ . \V . K. l>ok be admitted to the
Chamber for the purpose of acting as interpreter in the Dutch
language.
\'2. The Convention resumed the consideration of rules and
orders.
Resolved: That the following further rules be adopted, viz.:
(\) Motions do not require to be seconded.
(ii) Members may speak more than once to the same question.
(iii) Questions will be decided bv the majority of voices,
fiv) IF the President's decision is challenged, there shall be a
division, the "Ayes" s'anding up and trie " Noes ' retaining
t heir seats.
1.'), Mr. Mcrriman moved: That after this date the proceed-
ings ol the Convention shall be absolutely secret : that, no
records ol an\ speeches be made, but that records of all resolu-
tions, proposals and amendments and of any divisions thereon
he kept.
Agreed to.
14. //is I'l.n-clinn // Sir Mutt IK ir Nathan. /\.C.M.(i., Governor
and ( ommander-m-('liief of Natal, was then announced, and
having entered the Chamber and taken the Chair, which was
temporarily vacated for that purpose bv the President, he said :
Sir Henry de Villier>. Mr. Stevu and Gentlemen,
()n behalf ol the Government of Natal. 1 welcome von to our
Colonv and I express our pleasure that the threat National Con-
vention is being held here.
Addressing as I am the most thoughtful men in South Africa,
it would be superfluous for me to dwell on the evident magnitude
MINUTES OF PROCEEDINGS. 7
and importance of the task before them, a task on the just ful-
filment of \\hieh (lejx'iids the future development of the suit-
continent and the well-being of all its present inhabitants and
of the generations that will follow after them. To this just
fulfilment each and all of the delegates here assembled will, we
know, bring a wise caution that will take advantage of the
experiences of the nations that have been formed bv tin; union
of states in the past, a bold imagination that will adapt the
results of those experiences to our special conditions, a broad
vision winch while seeing to the general good of the whole
will not overlook the special interests of the parts, and above all
a wide sympathy with all fellow-subjects of the Km pi re in South
Africa, a sympathy that will take no account of racial differences,
of geographical boundaries or of diversity of occupation.
The whole people of South Africa are looking to vou to
devise for them a scheme which will unite them in a threat
nation, a nation of white people, maintaining their viribtv and
increasing in numbers, ruling themselves and a contented native
population in the common interests of all, a nation governed in
such a wav that the vast resources of the land may be developed
and its productiveness may be constantly increased, in such a wav
that a world commerce may be established commensurate with
the favourable position of the country between western and
eastern oceans and with the commercial instincts of its people
descended from the two historic trading nations of Europe, in
such a wav that peace »nd good order may be continuously main-
tained within and security provided against attack from without,
so that the IK w commonwealth mav add to and not draw on
the strength of the Empire of which it will form part, in such a
wav that education and the arts and sciences may advance so
that in culture as in strength South Africa mav be amonu' the
foremost nations of the world, and in such a wav as to carrv
on through the coming centmies the ideals of honesty and justice,
of courage and puritv which made great the nations from which
British and Dutch in South Africa have sprung.
( ientlemen, I leave vou to your deliberations in the profound
hope that under Divine guidance thev will lead to the creation
of a great 1'nited South Africa and thereby add strength and
lustre to the British Empire.
77/i" {'resident replied: \ our Excellency, before vou leave
1 wish to thank you for your attendance to-dav and for the
practical manner in which vou have shown vour sympathy with
the great objects which the Convention has in view. i on have
placed a great ideal before us, but I am sure every one of u< will
trv to attain it and 1 may take this opportunity of thanking not
only yourself but the (iovernment of Natal for the manner in
which thev have looked after the comfort of this Convention
and have made all the necessary preparations for its meetings.
15. Sir Mntliinr Ac/////7// having retired, the President resume 1
the Chair.
K>. Col. Gnrnc moved: 'I hat one eopv of the Minutes of
Proceedings of the Convention be handed daily to the several
N SOUTH AFRICAN NATIONAL CONVENTION, 1908 — '09.
Prime Ministers, and also to Sir William Milton on behalf of the
Rhodesian members.
Mr. ll'iiltun moved as an amendment : That a copy of the
Minutes of the preceding dav. witli the agenda foi1 the follow-
ing sitting, he u'iven to each member: such copies not to he
removed from the chamber.
.s/> I *>•/•(• i/ t-'ilz/iiit rirlt moved as a further amendment : That
a eopv of tin1 Minutes of Proceedings, together with the agenda
for the foil •)wini>- sitting, numbered and marked " Confidential ',
he issued to each Member dailv, bound in portfolios, bearing the
names of the member.- for whose use they are issued: such
portfolios not to be removed from the Convention Chamber
and to lie collected at each adjournment and kept in the custody
of the Chief Secretarv.
After discussion.
With leave of the Convention, the original motion and the
amendment propose 1 by Mr. Walton were withdrawn, and the
amendment proposed bv Sir Percv Fitzpatriek was put as the
main <|Urstion and agreed to.
! 7. (jntri-'il Smut* moved : That save as may lie other-
wise decided upon, the sittings of the Convention lie held on
each week-day from 9.30 a.m. to 12.30 p.m.. and from 3.30 to
.">.30 p.m.
Agreed to.
is. Mr. Mft/an moved : That notices of motion may be given at
anv time for di><-nssion when so given : but that notices of which
previous notice has been given shall have precedence.
A 'jived 10.
1M. Tin- I'l-'-xitlfiti read and put in telegrams of congratulation
<ui the meeting of the Convention and conveying good wishes for
the success of it< labours from Mr. S/inviner. Xewlands : Mr.
Postnw. Burghersdorp : the Afrikander l>ond. Steynsburg :
Adam Smith. Kokstad : Eendracht, Oudtshoorn : Ksselen. Pre-
toria: ,(;i'i Luttig .Jr.. 'Prince . \Hert: C. J. Krige and Dr.
\ iljoen. Caledon : and Miss Kmilv 1 loi;house. Pretoria.
2(». Mr. /• /xc/irr move;!: That the address delivered bv the
President to-d;:y be incorporated in the Minutes.
Agreed to.
-\. Mr. Miiliin mo\-( (1 : That a precis of the proceedings of this
morning, \\iili the addresses delivered, be handed to the pre>s
tor publication: such precis to be submitted to the President
I iet ore being issued.
Mi-. .I'll//!/ 1- moved as an amendment : That of to-day s pro-
ceedings only the address of lli> Kxcellcncv the Governor and
I he reply thereto of the President be eiven to the press.
A ft er discussion.
I his amendment was put and neo-atived.
lli" original motion was then put and agreed to.
--• < bi the motion of Mr. Saner, the Convention adjourned
:it 1.2O p.m. until to-morrow, at !>..')0 a.m.
Ml.MTKS OK Plt<;(T.i:i)I.\;.<. <)
DURBAN. Tne^lin/. l.'J-III Oeluier. /W.
llalj ptixi nine <><•/<>(•/( a. n.
1. All the members were present.
2. Minutes o I' the previous meeting having been corrected in
two points were confirmed.
.'5. The President stated that lie proposed to forward the follow-
ing replies to the messages < pages L' and .">] from [[. M.
and the Secretary of State for the Colonies, vi/. :
(i) From the President, National Convention, to th
Secietarv. London.
1 have to bei!1 von to eonvev to His Miijesi v the humble
thanks of Convention f<>r his n-racious message which wdl be a
iiivat encouragement to delegates in the performance of then'
ardn 'us task.
(ii) From tin; President. National Convention, to His
Excellency the ( iovernor. Cape Town.
( )n hehalf of Convention 1 ha\e to request that ^ our
Excellency will convey to the Secretary ot State for the
Colonies the sincere acknowledgements of the delegates for the
kind and encouraging message which yon transmitted to me
yesterday from Lord Crewe, and also that you will accept the
hearty thanks of the Convention for your own most cordial
and sympathetic expressions of goodwill.
The replies were approved of.
4. 77/(" J'rcxit/eiit stated that messages of welcome had been
received from His Excellency the Governor of the Transvaal and
Tlis Excellency the Administrator of the Orange River Colon v
in similar terms to the message already submitted to the Conven-
tion from the Governor of the Cape Colony.
.">. 77/1" I'ri'f'nlcnt read and put in further telegrams of con-
gratulation on the meeting of the Convention from : Hon. X. .1.
JDe Wet. .M.L.C.. Aliwal North : Mayor and inhabitants, Carnar-
von ; Hon. ,1. F. Lombard, M.L.C.. Riebeek Kast ; Griqualand
West Farmers Association, Belmont Branch ; Moderator, Dutch
Reformed Church of Natal; and the Supreme Grand President.
Sons of England Society. King William's Town.
(i. The President submitted a telegram from the IIonorar\
Secretary of a Committee for the presentation of a petition
on the question of women's franchise, asking for information
how the petition may be presented and whether a deputation ot
ladies would be permitted to attend for that purpose.
Mr. Merriman moved : That the n-nal Parliamentary course be
adopted for the presentation of petition>.
Agreed to.
7. The President submitted :i letter from Mr. .1. M. Orpen.
C.M.G., dated the 12th instant, on the subject of granting a
fair share of representation to other than white citi/ens onlv
of the liritish Empire in the South African Colonies and
Territories, and further stated that Mr. Orpen had .-upplied
comes of the letter for distribution amongst the members.
(ten. Smuts moved : That the copies of the lettel
tributed amongst the members.
Ajjreed to.
10 SOUTH AFRICAN NATIONAL CONVENTION, 1908 — '09.
S. Mr. McrrhiKin moved :
(a) That it is desirable for the welfare and future progress of
South Africa that the several British Colonies be united under
one Government in a legislative union under the British Crown.
(b) That provision shall be made for the constitution of
Provinces, with powers of local legislation and administration ;
the present self-governing Colonies being taken as Provinces.
(c) That provision be made; for the admission into the Union,
as Provinces or Territories, of all such parts of South Africa
as are, not included from its establishment.
(d) That the Union shall be styled " South Africa."
Discussion ensued.
Mr. Fischer moved, as an amendment, : In sub-section (b)
to omit the words "local legislation and administration" and
substitute " legislation and administration in local matters and
in such others as may be specially reserved to be exclusively
dealt with by each province separately."
On the motion of Col. Stanford, the debate was adjourned until
to-morrow.
9. On the motion of Mr. Saner, the Convention adjourned at
a quarter past twelve o'clock p.m. until to-morrow at half
past nine o clock a.m.
DURBAN, Wednesday, HTH October, 1908.
Half past nine o'clock a.m.
1. All the Members wrere present.
^. Minutes of previous meeting confirmed.
•"). Resolved : That the President 'be authorised to transmit
to the Governors of the Cape of Good Hope, the Transvaal,
the Orange River Colony and Natal, respectively, copies of the
daily minutes of proceedings as personal and confidential
conunun (cations.
I. The President read and put in further letters and tele-
grams of congratulation on the meetiny of the Convention,
from: Griqualand West .Farmers' Association, Modder Uiver;
Stelienbosoli Municipal Council: Dutch Reformed Church
(George Circuit); and Dutch Reformed Church (Cape Town
Circuit).
•">. Debate on Mr. Merriman's motion on the Union of
!>!•(( ish South Africa resumed.
/tic !'i-(. •</<!(• n ' stated that when this debate was adjourned
yesterday the question before the Convention was the motion
which appears above, upon which an amendment had been
moved bv Mr. Fischer: "In sub-section (b) to omit the words
"local legislation and administration" and substitute ''legis-
lation and administration in local matters and in such others
a- mav be specially reserved to be exclusively dealt with by
each Province soparnlelv."
Discussion resumed.
Mr. Mnrroin moved as a further amendment : Tn sub-sec-
tion fa i to omit the words "in a legislative union:" in sub-
Ml. \UTKS OF I'tUH KKIMM.S. 11
section (b) to omit "for the constitution of Provinces wifh
powers of local legislation and administration," and to sub-
stitute "whereby;" and at the end of the same sub-section
to omit "being taken as Provinces" and substitute "shall as
such become States of the Union so created;" in sub-section
(c) to omit ''Provinces or" and to substitute "States of the;"
and in sub-section (d), after "stvled," to insert "the Dominion
of."
Business suspended at half past twelve o'clock p.m.
Half past three o'clock p.7n.
Business resumed.
Mr. Ili'inrnc moved, as an amendment to Mr. Fischer's
amendment : hi the words proposed to be inserted to omit
"exclusively."
Col. (JITCI/C moved, ;is ;ni amendment to sub-section (b):
To omit "for" and substitute "in:" and after "Constitution,"
to insert "for the establishment."
After discussion,
On the motion of Mr. Malan, the debate was adjourned
until to-morrow.
(i. On the motion of Mr. Sauer, the Convention adjourned at
twenty-five minutes past five o'clock p.m., until to-morrow at
half-past nine o'clock a.m.
DURBAN, rimwlti!/, IOTU October, 1908.
Half past nine o'clock a.m.
1. All the Members were present.
2. Minutes of previous meeting confirmed.
:>. Debate on Mr. Merriman's motion on the Union of
British South Africa resumed.
[he I' 'resident stated that when this debate was adjourn \1
yesterday the question before the Convention was the motion
which appeared on page 10 of the Minutes: upon which the
following amendments had been moved :
By Mr. Fischer: In sub-section (b) to omit the words "local
legislation and administration" and substitute "legislation
and administration in local matters and in such others as may
be specially reserved to be exclusively dealt with by each Pro-
vince separately."
By Mr. Morcom : In sub-section (a) to omit the wor is ' in.
a legislative Union ;" in sub-section (b) to omit "for the con-
stitution of Provinces with powers of local legislation and ad-
ministration." and to substitute "whereby," and at the CTK!
of the same sub-section to omit "being taken as Provinces"
and substitute "shall as such become States of the Union so
created:" in sub-section ((•} to omit "Provinces or" and to
substitute "States of the:" and in sub-section (d). after
"stvled." to insert "the Dominion of.''
12 SOUTH AFRICAN NATIONAL CONVENTION, 1908 — '09.
By Col. Greene: In sub-section (b) to omit "for" and
substitute "in," and after "constitution" to insert "for the
establishment."
By Mr. Browne, as an amendment to the amendment pro-
posed bv Mr. Fischer: In the words proposed to be inserted
to omit "exclusively."
Debate resumed.
4. Mr. Saner moved : That the Convention at its rising to-
morrow adjourn until Monday.
Agreed to.
5. Business suspended at half past twelve o'clock p.m.
Half past three o'clock, p.m.
Business resumed.
0. Debate on Mr. Merriman's motion on the Union of
British South Africa [page 10] continued.
After discussion,
"With leave of the Convention,
The sub-section (b) proposed by Mr. Merriman, and the
•amendments thereon by Mr. Browne, Col. Greene and Mr.
Fischer, were withdrawn.
Mr. Merriman moved : That the following be a new sub-
section (b) : — That provision shall be made in the Constitu-
tion for the establishment of Provinces with powers of legis-
lation and administration in local matters and in such others
as may be specially reserved to be dealt with by each Pro-
vince separately, the present self-governing Colonies being
taken to be the Provinces of the Union.
TJie President then put the amendment proposed by Mr.
Morcom, which was negatived, vix. : That the motion read as
fol lows : —
That it is desirable for the welfare and future progress of
South Africa that the several British Colonies be united under
(»ne government under the British Crown.
That provision shall be made whereby the present self-
governing Colonies shall as such become States of the Union
-o create;!.
That provision be made for the admission into the Union as
Siates of the Territories of all such parts of South Africa as
are not included from its establishment.
'! hat the I'nion shall be styled the Dominion ol: South
Africa.
\Vith leave of the Convention,
I/,-. Mrrritmni withdrew suit-section (d).
.'//•. II fiJ/nn asked the President whether under the motion
as iiitw proposed it would be competent for the Union Parlia-
ment to ileiine the number and extent of the Provinces of the
I 1 1 1 o 1 1 r
7 /-I /'r('.--,:(}i'i>f stated thai if a legislative union is agreed
•n in his opinion the ! nion Parliament would have
•r to divide the Provinces as it thought fit unless there
lie contrarv in the Constitution.
MINUTES OF PROCEEDINGS. 1:5
The motion proposed by Mr. Merriman, as amended, was
then put and agreed to, vi/. : —
(a) That it is desirable for the welfare and future progress
of South Africa that the several British Colonies be united
under one Government in a legislative union under the British
Crown.
(b) That provision shall be made in the Constitution for the
establishment of Provinces with powers of legislation and ad-
minis! rat ion in local matters and in such others as may be
specially reserved to be dealt with by each Province separ-
ately, the present self-governing Colonies being taken to he
the Provinces of the Union.
(c) That, provision be made for the admission into the
Tin ion as Provinces or Territories of all such parts of South
Africa as are not included from its establishment.
T. The President read and put in a telegram from the Presi-
dent of the Baptist Union, Alice, conveying good wishes for
the success of the Convention.
8. Resolved : That replies be sent to telegrams and letters of
congratulation.
9. The Convention adjourned at ten minutes to five o'clock,
p.m.
DTTIUJAX, Friday, Km i October,
Half past nine o'clock, a.m.
1. All the Members were present.
2. Minutes of previous meeting confirmed.
•'!. The President read and put in a letter from His Ex-
cellency Lord Selborne, dated the Kith instant, acknowledging
the first copies of the proceedings of the Convention, and con-
veying an expression of his appreciation of the courtesy of the
Convention in the matter: also his sense of the necessity for
regarding these communications as confidential.
4. /7.v President read and put in a letter in the same sense
from His Excellency Sir Matthew Xathan, dated the 15th
instant.
5. Mr. Moo,- laid on the Table the draft of a TSritish South
Africa Act, and intimated that he would move section by
seel lor. .
(!. Tin~ Prc*ia'cii ' presented a petition which had been for-
warded to him from 50 women of South Africa in opposition
to the grant of the parliamentary franchise to women.
The petit ion was read .
7. Mr. 11 r<»i' nc moved : Thai a return be laid upon the
Table of this Convention giving in respect of the four Colo-
nies complete information as to the Public Debts, in the form
shown in statement Xo. '-34 in Volume 11. of "The Govern-
ment of South Africa." but brought up to the latest date and
•signed bv the Auditors-General of the several Colonies.
14 Sorrn AHJKA.N NATIONAL CONVENTION, 1908 — '09.
Mi. // !/.<lf>// moved, as an amendment: To add "Also re-
turns giving :
(a) the ordinary revenue and expenditure for the various
Colonies for the last three financial years, and the estimated
revenue and expenditure for the current financial year, under
the following heading's:—- (I) llailways; (II) Harbours;
(III.) Posts and Telegraphs; (IV) Defence; and (V) Customs
and Excise: and (1>) the total capital expenditure under the
various headings showing1 separately the total capital expendi-
ture in connection with llailways, Harbours, Customs, Posts
and Telegraphs.
S/r I'l'rcij Fitzpatrick moved as a further amendment : That
a Committee consisting -of one member nominated by the Prime
Minister of each Colony and one to represent Rhodesia, be ap-
pointed to agree (a) as to what statistical information relating
to the financial affairs and position of various Colonies and
British possessions may be usefully supplied to this Convention
and (b) the form in which such information shall be prepared,
and to take such steps as may be necessary to obtain the same.
After discussion,
With leave of the Convention,
The original motion and the amendment by Mr. Hyslop were
withdrawn in favour of the amendment bv Sir Percy Fitz-
patrick, which was then put as the main question and agreed
to.
N. (-it'ii. Smuts moved:
(i) The Executive Government of the Union shall be vested
in the Sovereign of the United Kingdom of Great Britain and
Ireland and shall be administered according to the well-under-
stood principles of the British Constitution by the Sovereign
personally, or by a Governor-General as his representative.
(ii) There shall be an Executive Council to advise the
Sovereign, or his representative, in the Government of the
Union, and the members of the Council shall be chosen and
summoned by the Governor-General and sworn as Executive
Councillors and shall hold office during his pleasure.
(iii) The Governor-General may appoint officers to
administer such Departments of State of the Union as the
Governor-General-in-Council may establish. Such officers
shall hold office during the pleasure of the Governor-General.
They shall be Members of the Executive Council and shall be
His Majesty's Ministers of State for the Union. After the
first general election no Minister shall hold office for a longer
period than three months, unless he is or becomes a member
of either House of the Parliament.
liv) Until the Parliament otherwise provides the Ministers
>hall not exceed ten in number and shall hold such offices as
the Parliament prescribes or, in the absence of provision, as the
( rovernor-( reneral d irect s.
(v) All powers and functions which at the establishment of
the Union are vested in the Governor of a Colony, or in the
MINUTES OF PROCEEDINGS. 1">
Governor of a Colony with the advice of the Executive Council,
or in any authority of the Colony, shall as far as the same
continue in existence and capable. of being exercised after the
Union, be vested in the Governor-General, or in the Governor-
General-in-Council, or in the authority exercising similar
powers under the Union, as the case requires, except such
powers and functions as are by the Constitution or a law of
the Parliament or the Governor-General-in-Council delegated
to some other authority.
7' lie President proceeded to put the paragraphs Kcrintnn .
Paragraph (i) [page 14.] put.
Mr. Saner moved as an amendment: After " Governor" to
omit " General."
After discussion, the consideration of this motion was post-
poned to enable a motion to be moved descriptive of the title
of t he Union.
!). Mr. Saner moved: That the Union shall be styled "The
Union of South Africa."
l>r. Smart I moved as an amendment : To omit " The Union
of " and substitute " British."
Mr. J<i;/(jcr moved as a further amendment : To omit
' Union" and substitute "Commonwealth."
Mr. Lindsay moved as a further amendment : That the
Union shall be styled " South Africa."
After discussion,
The amendments proposed by Dr. Smartt and Mr. -Tagger,
as wel! as the original motion, were withdrawn in favour of
t!u> amendment bv Mr. Lindsav, which was then put as tin-
ma in question and agreed to.
1C. Debate on paragraph (i) [page 14.] of the motion pro-
posed by (Ten. Smuts resumed.
The amendment proposed bv Mr. Saner put and negatived.
M/-. \\ nlt/>n moved: To omit the words " well-understood."
Agreed to.
Paragraph, as amended, put and agreed to, viz.:
The Kxccutive Government of the Union shall be vested in
the Sovereign, of the United Kingdom of Great Britain and
Ireland and shall be administered according to the principles
of the British Constitution by the Sovereign personaHv. or by
a Governor-General as his representative.
Paragraph liii [ pa<re 14.1 put and agreed to.
' Mi paragraph (iiii pa<re 14."!.
Mr. II (iltnn moved: To add at the end "each Minister of
State, being a member of either llou-e, -hall have the right to
sit and -peak in both Houses, but shall vote only in the House
of which he is a member."
Mr. Sauer moved: To omit all the word- after "Ministers
of State for the Union .' '
I > r . /J<c/< moved: To omit the words " for a longer period
than three month-" and substitute " bevond the period em-
l(i SOITII AFUICAN .NATIONAL COAVKMMON, 11)08 — '09.
braced bv the sessions of Parliament following immediately
upon such cirri ion .
After discussion,
With leave of t he ( 'onvent ion,
' .'he amendment proposed by Dr. Beck was withdrawn.
r 'he amendment proposed by Mr. Walton put and agreed to.
r 'he amendment proposed by Mr. Sauer put and negatived.
'arugraph, as amended, put and agreed to, viz. :
' .'he Governor-General may appoint officers to administer
such Departments of State of the Union as the Governor-
General-in-Council may establish. Such officers shall hold
office during the pleasure of the Governor-General. They
shall be members of the Executive Council and shall be His
Majesty's Ministers of State for the Union.
After the first general election no Minister shall hold office
for a longer period than three months unless he is or becomes
a member of either House of the Parliament. Each Minister
of State, being a member of either House, shall have the right
to sit and speak in both Houses, but shall vote only in the
House of which he is a member.
On paragraph (iv) [page 14.].
.I//-. Jti</;/cf moved: To omit all the words after "pre-
scribes."
Gen. Hertzog moved: To omit all the words after
" number."
After discussion,
With leave of the Convention,
The amendment proposed by Mr. J agger was withdrawn.
Mr. Mcn-iiiuni moved: To omit "ten" and substitute
" seven."
Mr. Jagger moved : To omit " ten " and substitute "eight."
The President put the amendment proposed bv Mr. Merri-
man,
Upon \\hicli the Convention divided.
"AYES" 4. Fischer, Mr.
Fitzpatrick, Sir J. P,
15eck, Dr. Greene, Col.
Tagger, Mr. Hertzog, Gen.
Merriman, Mr. Hull, Mr.
Sauer. Mr. Tameson, Dr.
Lindsay, Mr.
Maasdorp, Mr.
Malan, Mr.
" NOES " L>r>. Moor, Mr.
Smai-tt, Dr.
l)nili;i, Geu. Morcom, Mr.
Browne, Air. A. Smuts, Gen.
I'ur^er, TUMI. Smyth e, Mr.
De !a "Rey, Gen. Stanford, Col.
De Vniiers. Sir T. IF. Steyn, Mr.
De Wet. Gen. Tan Heerden, Mr,
Farrar, Sir G. H. Walton, Mr.
MINUTES OF PROCEEDINGS.
The amendment accordingly negatived.
Tho amendments proposed by Mr. .lugger iuid Gen. Herl/.og
]»l'.t and negat ived.
Paragraph as moved [page 14], put and agreed to.
On paragraph (v) [pages 14-15.],
Mr. Siii/cr moved: After " Parliament " to omit "or the
Governor-! !eneral-in-( 'ouneil."
After discussion,
This amendment was put and agreed to.
Mr. // i/x/o/i moved: After "Constitution or' to insert
"by."
Agreed to.
Paragraph as amended, put and agreed to, vix :
All powers and functions winch at the establishment of the
Cnion are vested in the Governor of a Colony, or in the
Governor of a Colony with the advice of the Executive Coun-
cil, or in anv authority of a Colony, shall, as far as the same
continue in existence and capable of being exercised after the
Union, be vested in the Governor-General or in the Governor-
General-in-Council, or in the authority exercising similar
powers under the Cmon, as the case requires, except such
powers and functions as are by the Constitution or by a law of
the Parliament delegated to »some other authority.
11. On the motion of Mr. Sauer, the Convention adjourned
at half-past twelve o'clock, D.DI., until Monday, the 1!Jth
instant, at half-past nine o'clock, a.m.
DUPJUX. Monday, IJrrn October,
Half past nine o' cJ /><•/,• . a.m.
1. All the Members were present.
2. Minutes of previous meeting, after being amended in one
point, were confirmed.
•'!. IJic President read the following draft of ;i letter which
he proposed to write to His Excellency the High Commissioner
on behalf of the Convention : —
1 am requested by the Members of the South African
Xational Convention, over which I have the honour to pre-
side, to ask you to convey to His Majesty the King their
expression of their loyal gratitude for the gracious svmpathv
with the people of South Africa in this important period
of their history so signally manifested hv His Majestv in
commanding the Cruiser Squadron under Rear-Admiral Sir
Percy Scott. f\.C.\.O.. to proceed to Durban to o-reet the
Convention .
They desire me also io a>k you to inform His Majestv'--
Government, and the Lords Commissioners of the Admiraltv.
how greatly the presence of the Cruiser Squadron at Durban.
IS SOL-HI AFIUCAX NATIONAL COXVKXTION, 1908 — '09.
and the goodwill which its presence betokens, are appre-
ciated by them.
( )rdered accordingly.
4. The J'rcxitlcHt. read and put in a letter, dated the 16th
instant, from S. Estcourt, Rosmead Junction, making an offer
of land at that place provided the Federal Capital is established
there.
.">. '/'lie /'resident, read and put in a telegram from the
Secretary, lloofd Bestuur, Xuid Afrikaanse Taalbond, Riebeek
West, on the subject of affording equal rights to the English
and Dutch languages.
(i. Gut. IlcHztxj moved: In order to effect a Closer Union
of the Colonies represented at this Convention, and in order
fullv to attain the object of its establishment, it is essential
that both English and Dutch be recognised as the official lan-
guages of the Union ; to be treated on a footing of equality and
to possess and enjoy equal freedom, rights and privileges in
all the various offices, functions and services of whatsoever
kind or nature; of or administered by or under the Union ; and
that all the records, journals and proceedings of the Union
Legislatures, as likewise all Bills and Laws of the Union, and
all official notifications of general public importance or interest
published in the Gazette, or otherwise, shall be issued and
published in both the English and the Dutch language.
After discussion,
Mr. J agger moved as an amendment : That the motion be
referred to a Committee consisting of Gen. Hertzog, Col.
Greene, Gen. Smuts, Dr. Jameson, and the President.
< hi the motion of Mr. Merriman,
The debate was adjourned until to-morrow.
7. Mr. Mcrri int/n moved: The legislative power of the
Union shall be vested in a Parliament to be styled the Parlia-
ment of South Africa and to be composed of the King, a
Legislative Council, and a House of Assembly.
Mr. F/seJiei' moved, as an amendment: In the first line,
'legislative/' to insert "supreme": to omit " Legis-
Council ': and substitute "Senate"': and to omit
mbly " and substitute "Representatives."
Gen. Smut* moved, as a further amendment: To omit
Assemblv" and substitute "Commons."
A fter discussion ,
\\ ith leave of the ('(invention,
The amendment proposed bv Mr. Fischer, to insert the word
supreme," was withdrawn.
The amendment by Mr. Fischer to omit "Legislative
ouncil " ;uid substitute "Senate" put and agreed to.
Ml.NUTKS OF I'iUK KUMM.S. 1!)
The amendment by Gen. Smuts to omit "Assembly" and
substitute " Commons" put, and the Convention divided:
"AYES" 10. ' XOKS " IS.
Burger, Gen. De Wet, Gen.
Farrar, Sir G. H. Fischer, Mr.
Fitxpatriek, Sir -I. 1*. llertzog, (j!en.
Greene, Col. Hull, Mr.
Jameson, Dr. Hyslop, Mr.
Lindsay, Mr. Jagger, Mr.
Moor, Mr. Maasdorp, Mr.
Smartt, Dr. Malan, Mr.
Smuts, Gen. Merriman, Mr.
Walton, Mr. Moreoni, Mr.
Stiller, Mr.
Smythe, Mr.
Stanford, Col.
Steyn, Mr.
Van Heerden, Mr.
Beck, Dr.
Browne, Mr.
De la Key, Gen.
The amendment accordingly negatived.
The amendment by Mr. Fischer, to omit " Assembly " and
substitute ' Representatives " put, and the Convention
divided :
"AYES" 13. ' XOES" 10.
Botha, Gen. Beck, Dr.
Burger, Gen. Browne, Mr.
De la Key, Gen. Farrar, Sir G. II.
De Wet, Gen. Fitxpatrick, Sir J. P..
Fischer, Mr. Hull, Mr.
Greene, Col. Jagger, Mr.
Hertxog, Gen. Jameson, Dr.
Hyslop, Mr. Lindsay. Mr.
Moor, Mr. Maasdorp, Mr.
Morcom, Mr. Malan, Mr.
Smuts, Gen. Merriman. Mr.
Smythe, Mr. Saner, Mi-.
Steyn, Mr. Smartt, Dr.
Stanford, Col.
Van Heerden , Mr.
Walton. Mr.
The amendment accordingly negatived.
*2() SOITII AFRICAN NATIONAL CONVENTION, 1908 — '09.
The I'rcxidcnl then put the motion as amended, which was
.agreed to, viz. : —
The legislative power of the Union shall be vested in a Par-
liament, to lie styled the Parliament of South Africa, and
to he composed of the King, a Senate, and a House of
Assembly.
8. Mr. M cn-i iiiiin moved : It shall be competent for the
Parliament of South Africa to make laws for the peace, order
and good government of South Africa, and to provide by
means of taxation or otherwise for the same, and to alter,
repeal, or amend all laws at the date of this Union existing or
in force in anv Colony forming part of such Union, save
and except any laws dealing with the franchise or qualifica-
tions of electors, existing at the date of such Union in any
'Colony forming part thereof, which laws shall not be altered
except in the manner prescribed for altering the constitution
of the Union.
Discussion ensued.
Business suspended at half-past twelve o'clock p.m.
Half-past three o'clock p.m.
Business resumed.
9. The following members were nominated by the respective
Prime Ministers to form the Committee on Statistics, ap-
pointed by a resolution adopted on the Kith instant [page 14. j,
viz.: Cape of Good Hope, Mr. Walton; Transvaal, Mr.
Hull; ^Xatal, Mr. Hyslop; Orange Hirer Colony, Mr. Browne.
Sir \V. H. Milton intimated that he would represent
Rhodesia.
On the motion of Mr. Hyslop,
Mr. Browne was appointed convener.
10. Debate on Mr. Merrmum's motion on the powers of the
Parliament [printed above] resumed.
Cnl. Stn/if />rd moved, as an amendment: To omit all the
words after " part of such Union," and substitute " All sub-
jects of Hi-; Maje^iy resident in South Africa shall be entitled
to franchise rights, irrespective of race or colour, upon such
qualifications as may be determined by this Convention."
->//-. L/ndsnij moved, as a further amendment: That the
n, ot ion read as follows:— 'The Parliament of South Africa
-liall have full power to make laws for the peace, order and
LT'i-ud yo\ ei n mont of South Africa."
moved : To add at the end of Mr. Lind>av's
save1 and except laws dealing with local mat-
others as may under the Constitution be speci-
o be dealt with by each Province separatelv."
Ahcr discussion,
I'"' amendment propo-ed by Mr. Lindsay was put and
d to, and the original motion accordingly dropped.
MINUTES OF PROCEEDINGS.
The amendment proposed by Mr. Hyslop was put, and the
Convention divided :
AYES" 3.
Hyslop, Mr.
Moreorn, Mr.
Smythe, Mr.
NOES" 27.
H.
Fitzpatrick, Sir J. P.
Greene, Col.
Hertzog, Gen.
Hull, Mr.
-Tagger, Mr.
Jameson, Dr.
Lindsay, Mr.
Maasdorp, Mr.
Mai an, Mr.
Merriman, Mr.
Moor, Mr.
Saner, Mr.
Smartt, Dr.
Smuts, Gen.
Stanford, Col.
Steyn, Mr.
Van Heerden, Mr.
Walton, Mr.
notice
Beck, Dr.
Botha, Gen.
Browne, Mr.
Burger, Gen.
De la Key, Gen.
De Villiers, Sir J.
De Wet, Gen.
Farrar, Sir G. H.
Fischer, Mr.
The amendment accordingly negatived.
With leave of the Convention,
Col. Stanford withdrew his amendment, and gave
to move the proposed insertion to-morrow as a substantive
motion.
11. ^f^. Merriman moved: All and singular the debts and
liabilities of the Governments of the several Colonies at the
time of the Union shall be assumed by, and shall become
liabilities of, the general Government, and all assets of the
several Governments forming the Union, including Crown
Lands, Buildings, Railways and Harbour Works, shall be
vested in the general Government of such Union, save and
exeept those Buildings and Works which shall appertain to
the objects in respect of which the Provincial Councils shall
have the jurisdiction assigned to them.
Discussion endued.
On the motion of Mr. Hvslop,
The debate was adjourned until to-morrow.
\'2. On the motion of ^ir. Malan, the Convention adjourned
pa<t
lo
DriMiAX, Turxdtiy, 'JOT!! ftrlolirr, /-'"A.
IIul f- [Hist It/in n'clncl; a.m.
1. All the members were pre-eiit.
'J. Minutes of the previous meeting confirmed.
•'!. Mr. MtiJdii presented a peiniou timn tin' Head Commit-
tee of' the Afrikaans* he ChriMelijke \'rou\\'en Vereeniging, in
favour of c<iual rigln> for ihe Mn^-li-h and Dutch lano-uau'es.
The net it ion was read .
'I'l Soi'Tii AFKK AX NATIONAL COXVKXTION, 1908 — '09.
4. Tin- I'rexident presented a similar petition from the
((range Women's Union, which was read.
."). Mr. Moor presented a petition from .1,4. 10 members of
tlie Natal Women's Enfranchisement Committee, praying
thai citizenship in United South Africa may lie granted to all
women who possess the same qualifications as may he required
of men.
The petition was read.
G. Mr. M«l(ui presented a similar petition from COS men
and women of the Cape Colony, which was read.
7. Adjourned debate on motion by Gen. Hertzog on equal
rights of English and Dutch languages [page 18.] resumed.
Tlie 1'rcsident stated that when this debate was adjourned
yesterday the question before the Convention was:
In order to effect a Closer Union of the Colonies represented
at this Convention, and in order fully to attain the object of
its establishment, it is essential that both English and Dutch
be recognised as the official languages of the Union; to be
treated on a footing of equality and to possess and enjoy equal
freedom, rights and privileges in all the various offices, func-
tions and services of whatsoever kind or nature of or adminis-
tered by or under the Union; and that all the records, jour-
nals and proceedings of the Union Legislatures, as likewise
all Bills and Laws of the Union, and all official notifications
01 general public importance or interest published in the
Gazette, or otherwise, shall be issued and published in both
the English and the Dutch language.
L pon which an amendment had been moved by Mr.
Tagger: That the motion be referred to a Committee consist-
ing of Gen. Hertzog, Col. Greene, Gen. Smuts, Dr. Jameson,
and the President.
With leave of the Convention,
The amendment proposed by Mr. -Tagger was withdrawn.
>'<*/• George Farrar moved, as an amendment : Both the Eng-
lish and Dutch languages shall be official languages of the
I nion, and shall be treated on a footing of equality, and
posses^ and enjoy equal freedom, rights and privileges; all
records, journals and proceedings of the Union Parliament
shall be kept in both languages, and all Bills, Acts and
notices of general public importance or interest issued by the
I nion Government shall be in both languages.
After discussion ,
The amendment proposed bv Sir George Farrar was put as
the main question, and agreed to, and the original motion
accord] nglv dropped .
M. Adjourned debate on motion bv Mr. Merriman on I. nion
Asset< and Liabilities page 21.] resumed.
Tin- /'reside a I stated that when this debate was adjourned
yesterday the question before the Convention was:
All and -ingular the debts and liabilities of the Govern-
ments of the several Colonies at the time of the Union shall
MINUTKS OF PKCH Ki:ni.\(;s. 23
be assumed by and sliall become liabilities of the general
Government, and all assets of Ihe several Governments form-
ing the I'liion, including Crown Lands, Buildings, Railways
and Harbour Works, sliall be vested in the general Govern-
ment of such Cnion, save and except those Buildings and
Works which shall appertain to the objects in respect of
which the Provincial Councils shall have the jurisdiction
assigned to t hem.
Debate resumed.
Mr. Hull moved: That the consideration of this motion be
postponed until the Committee appointed to report on finance
submit their report, and the whole subject of finance; relations
comes up for consideration.
A fter discussion,
The motion proposed by Mr. Hull was put and agreed to.
!). Col. Stanford moved: All subjects of His Majesty resi-
dent in South Africa shall be Entitled to franchise rights
irrespective of race or colour upon such qualifications as may
be determined by this Convention.
.!//'. Merrhnan moved, as an amendment : All laws dealing
with the franchise and qualifications of electors at the date of
the I nion in any Colony shall remain in force until repealed
or altered by the Parliament of South Africa, provided that
110 such repeal or alteration shall take place except such
repeal or alteration shall be carried by a majority of not less
than three-fourths of the members of both Houses sitting and
vot ing together.
After discussion,
Mr. Merrhnnn proposed to withdraw his amendment.
Mr. Moor objected.
1.0. Mr. H>I.<IOI> moved : That the Convention suspend busi-
ness every morning at eleven o'clock for ten minutes.
Agreed to, and it being eleven o'clock, business wa<
accordingly suspended.
Ten minute* /tnxt eleven o'clock a.m.
Business resumed.
11. Discussion on Col. Stanford's motion on franchise
rights [printed above"] resumed.
Business suspended at half-past twelve o'clock p.m.
Business resumed.
1'2. Ili/' Pi't'xidenl presented:
(i) A petition, in three part-, from Cape Coloured people
resident on the \\ itwatersraud, praving that in the Constitu-
tion of a I'liitcd South Africa they may be admitted To equal
political rights with the European population.
in) A supplementary resolution adopted by Cape coloured
people at a public meeting held in Johannesburg on the Kith
instant.
-24 SOITII AFKH AX XATIOXAL COXVKXTIOX, 1908— '00.
]-">. Discu.ssion on Col. Sianford's inoiion on franchise rights
| pa<T'' 2:>. j COlll ill 110(1 .
Mr. J(t</t/rr moved, as an amendment io Mr. Merriman's
amendment : To omit all the words after " except," and sub-
stitute "with the consent of a majority in both Houses .>}-'
Parliament of the representative* of such Colony/'
Mr. \Vdlton moved: That the debate be adjourned until
Thursday.
Mr. Mcrrimnn moved, as an amendment: That the debate
be adjourned until to-morrow.
Ay-reed to.
.1-1. On the motion of Dr. Smartt, the Convention adjourned
at twenty-five minutes past five o'clock p.m.
DTlMiAX. Wednesday, 21sT October,
Half-past nine o'cl
1. All the members were present.
2. Mr. J a </</('>• presented a petition from 7,200 women of
South Africa in opposition to the grant of the Parliamentary
franchise to women.
•°>. Adjourned debate on motion by Col. Stanford on fran-
ehixe rig-hts [page 23.] resumed.
The President stated that when this debate was adjourned
yoterday the question before the Convention was:
All subjects of His Majesty resident in South Africa shall
be entitled to franchise rig-hts, irrespective of race or colour,
upon such qualifications as may be determined by this Con-
vention.
I pon which an amendment had been moved by Mr. Merri-
nian: All laws dealing- with the franchise and qualifications
of electors at the date of the ('111011 in any Colony shall
remain in force until repealed or altered by the Parliament
of South Africa, provided that no such repeal or alteration
shall take place except such repeal or alteration shall he car-
ried by a majority of not less than three-fourths of the mem-
bei-> of both Houses sitting and voting- together.
I pon \vhich amendment, an amendment had been moved
!>y Mr. -1 agger: To omit all the words after "except," and
substitute " with the consent of a majority in both Houses of
Parliament of the representatives of such Colony."
1 )el »a i e resumed.
\\ nil lea ve of the ( 'onvent ion.
Ih1' amendments proposed by Mr. -Tagg-er and Mr. Merri-
it lid ra \vn .
moved, as an amendment: To add " Onlv
Miropean descent shall be eligible for election a-
either House of Parliament."
•mspended at eleven o'clock a.m.
MlMJTKS OF 1,'HOCKKDINOS.
Ten minutes xi^l eleven o'clock a. in.
Business resumed.
-1. Minutes of previous meeting confirmed.
5. Mr. lii-oirne, reported the action taken by the Statistical
Committee and the probable period, required to complete their
work, and asked the Convention to confirm the arrangement
made by the Committee that the Hon. R. II. Brand should
act in t he capacity of Secretary to the Committee.
< )rdcred accordingly.
(>. Debate on Col. Stanford's motion on franchise rights
[ page '2'\. \ continued.
Discussion resumed.
Mr. Mem man moved: The adjournment of the debate.
A fter discussion,
\\"ilh leave of the Convention,
This motion was withdrawn.
Business suspended at half-past twelve o'clock p.m.
Half-past llirec o'clock /t.-m.
Business resumed.
After discussion,
On the motion of Mr. Van Heerden : The debate was ad-
journed until to-morrow.
7. On the motion of Dr. Sinartt, tin; Convention ad-
journed at half-past five o'clock p.m.
DITKBAX, Thursday, 'J'JxD October, HlUS.
Half- /Hist nine o rJ /><•/,• a.m.
I. All the members were present.
"2. Mr. J(i(/!/cr presented a letter, dated the IGth instant,
from the Mon. Dr. -I. 1'etersen, M.L.C., President of the;
Naturalization Keform Association, Cape Town, asking that
the Convention will give full consideration to the necessity of
a modification of the existing law on this subject.
The Idler was read.
•'!. Mr. Sfiner presented a petition from l.47!> men and
women of the (.'ape Colony praying that citizenship in ( nited
South Africa may he granted lo all women who possess 1 he
same qualifications as mav be required from men.
The pet it ion was read .
4. Adjourned debate on motion bv Col. Stanford on fran-
chise rights [page 2:>.~| resumed.
The President stated that when this debate was adjourned
yesterday, the question before the Convention was:
All subjects of His Majesty resident in South Africa shall
be entitled to franchise rights irrespective of race or colour
upon such qualifications as may be determined by this Con-
vention.
20 SOITII AFRICAN NATIONAL CONVENTION, 1908 — '09.
('poii whirl) an amendment had Loon moved by Col.
Greene: T<> add " Only persons of European descent shall be
eli'nble for election as members of either House of Parlia-
r*>
ment."
Debate resumed.
Business siisj)ended at eleven o'clock a.m.
'I en >n/i> utes [ia*t eleven o'clock a.m.
Business resumed.
"). Minutes of pi'evious meeting confirmed.
(i. ])iscussion on Col. Stanford's motion on franchise rights
[ page '2'-\. ! cont inucd.
>'//• /Y/vy Fitzpatriclt moved : That the debate on this
motion be adjourned, and the matter referred to a Committee
consisting of two delegates from each Colony, to be appointed
bv their respective Prime Ministers, and one from llhodesia,
to be appointed by Sir William Milton. That the reference
to the Committee be to consider whether the native and
coloured population of South Africa should be directly repre-
sented in the Legislatures of the I'liion; if so, in what manner
and on what conditions the right of representation should be
conferred and exercised; if not, what constitutional provision
should be made for enabling the Cnion Government to ascer-
tain the wishes and consult the interests of the native and
coloured populat ion.
(itn. Itullia moved: That tin1 original motion, and all
the amendments thereon, together with the proposals bv Mr.
Merriimui [page '2:> I. Mr. J a »•»•(' r [page ^4 i. and Gen. Smuts,
\\y.. :
The various electoral laws of the Colonies shall, until
aliered bv the Parliament, continue to apply, imitat/*
ni iitu ml i.<, to electors for the House of Assembly in the
corresponding provinces, subject to the application of tin1
principle of proportional representation. The qualifica-
tion of voters in the provinces shall, similarly, be identi-
cal with those existing in the Colonies at the establish-
ment of the I nion, save in regard to the following
matters :
(a; naturalization in any one Colony shall entitle the
person nat ura I i -ei] to be registered as a voter in that of
a ny 01 her provi nee :
(b) residence in South Africa for three vcars previous to
registration shall be nece>sarv.
And the amendment proposed thereto bv Dr. Ueck. vi/. :
in line -i, after " representation. ' 10 insert '" provided that
in -o tar as these laws applv to native electors in the Cap*1
( obmy. there shall be no >uch alteration, except in the
manner prescribed for altering the Constitution of the
['nion."
be referred 10 a Committee with an instruction to prepare the
MINUTF.S OF PROCEEDINGS. 27
draft of a resolution in reference thereto for submission 1o the
Convent ion, and (hat Ihe Committee consist of two delegates
nominated l>v ea<di Prime Minister and one nominated l>y Sir
William Milton.
7. Tin- President, on behalf of the Convention, convoyed to
(ien. I)e la Rev the congratulations of the delegates upon
the occasion of his birthday, for which (ien. ])e la Key
expressed his very cordial thanks.
Business suspended at twenty minutes to one o'clock p.m.
II til f-ji'i^t three o'clock /LIU.
Business resumed.
N. I )isciissiou (in Col. Stanford s motion on franchise rights
[page 'J-'). | cont i lined.
Mr. /'"ixcl/cr moved, as an amendment to (ien. Botha's
motion (page '-30. ] : To add "And that it be an instruc-
tion to the Committee that save in so far as may be necessary
to safeguard interests where natives have acquired the fran-
chise, or other rights and privileges, it is undesirable and un-
necessary that the Committee1 should frame resolutions ni re-
gard to the future native policy of South Africa."
Mr. S<n/er moved : That the debate be adjourned, which
was put and negatived.
After discussion,
The motion proposed by (ien. Botha was put and agreed
to, and the motion proposed by Sir Percy Fitzpatrick accord-
ingly dropped.
The amendment proposed by Mr. Fischer was put and
negatived.
9. The following members were then nominated by the re-
spective Prime Ministers to form the Committee just ap-
pointed, viz. :
('<ij/c of (f'uoj Ilo/ie: Mr. Saner and Mr. Walton: .\<il<il:
Mr. Smythe and Col. (ireene: TranxrfHil : Sir Percv Fitz-
patrick and (ien. Smuts; Ortnnje Hirer Colony: (ien. Ilert-
zog and Mr. Fischer; Sir William Milton intimated that Mr.
Coghlan would represent Itliodctiu .
1". On the motion ol Mr. Jagger, the Convention adjourned
a* twenty minutes to five o'clock p.m.
1)1" KHAN, FriJfiy, :>•",]{ i> October,
ll(ilf-[xi.<t nin
1. All the members \\"crc pi'c^tMit.
'J. Gen. timutx moved: For ten years after the otablish-
ment of the l.'nion, and tliereatlcr until Parliament otherwise
jirovides. The Senate -hall consist of '•]('> member-, and !j shall
2S Sot TII Ann CAN NATIONAL CONVENTION, 1908 — '09.
l>e elected or nominated in respect of each Province in the
manner following.
Mr. Ja<j(jcr moved, as an amendment: The Senate shall,
until the Parliament otherwise decides, consist of 35 Mem-
bers directly chosen by Ihe voters, and for the purpose of the
election of Senators the Cnion shall be divided into seven
electoral areas, namely :
Cape Colony into three areas.
Transvaal into two areas.
Orange Iviver Colony into one area.
\atal into one area.
And each area shall return five members; to be elected by
proportional representation.
Mr. Men-iinan moved, as a further amendment : After
'• members." in line o, to omit all the words to the end, and
substitute "to be chosen or nominated as follows."
Mr. Hijftloj) moved, as a further amendment: The Senate
shall consist of thirty-six Members and nine shall be chosen
by the Legislatures of each Province.
The Parliament may make laws increasing or diminishing
the number of Senators for each Province, but so that equal
representation of the several original Provinces shall be
maintained, and no original Province shall have -less than nine
Senators.
Discussion ensued.
Business suspended at eleven o'clock a.m.
Ten -minutes past elereii o'clock
Business resumed.
:>. Minutes of previous meeting confirmed.
4. On the motion of Mr. Smythe,
Ordered: That the several Colonies shall be recognised in
the proceedings of the Convention in the following order,
\'r/.. :
( 'ape of ( rood Hope,
Natal,
Transvaal.
< )range Hiver Colony.
• ». Discussion on (Jen. Smuts' motion on constitution of
Senate [page ^7. continued.
\\ ith leave of the Convention,
The amendment proposed by Mr. Merriman was with-
drawn .
Business suspended at half-past twelve o'clock p.m.
Half-past llu'ee o'clock p. in.
Business resumed.
(i. Mr. Moi>r moved: That the Convention, at its rising to-
day, adjourn un'il Monday.
Air reed to.
MINUTES OF PROCEEDINGS.
T. Discussion on Gen. Smuts' motion on constitution of
Senate [page 27.] continued.
Mr. F-ixclicr moved, as a further amendment : For ten years
after the establishment of a Union, and thereafter until Par-
liament otherwise provides, the Senate shall be composed of
nine members for and elected in each of the Provinces con-
stituting the Union, and an additional number, not exceeding-
nine, to be nominated bv the Governor-General-in-Coimcil.
The /'resident moved, as a further amendment : For ten
years after the establishment of the Union and thereafter
until Parliament otherwise provides the Senate shall consist
of thirty-two Senators, to be elected in the manner herein-
after mentioned, and such additional members not exceeding-
ten in number as shall be nominated by the Governor-
General-in-Council : provided that in the selection of persons
to be nominated as Senators the Governor-General-in-Council
shall as to one-half of their number be guided mainly by
their thorough acquaintance, by reason of their past or pre-
sent official position, or otherwise, with the reasonable wishes
and wants of the coloured races in South Africa. As to the
remaining half of the nominated Senators, the Governor-
General-in-Council shall have regard to their official or
judicial experience by selecting only persons who have occu-
pied in South Africa the position of a Judge of a Superior
Court, Executive Councillor, Speaker of any House of
Assembly, President of any Legislative Council, or Chairman
of any Volksraad.
Mr. Fischer moved: That the further consideration of the
original motion and the amendments thereon stand over until
after the next motion by Gen. Smuts has been decided.
This motion having been put and negatived,
On the motion of Col. Greene,
The debate was adjourned until Monday.
8. Mr. Jayyer moved : That delegates be allowed to take
away draft resolutions, but resolutions already agreed to
shall not be taken out of the room.
Col. Greene moved: To add "but the name-, of the pro-
posers shall be deleted from draft resolutions."
After discussion,
With leave of the Convention,
This amendment was withdrawn.
The original motion put and agreed to.
9. On the motion of Dr. Smartt, the Convention adjourned
at half-past five o'clock p.m., until Mondav, the 26th instant,
at half-past nine o'clock a.m.
:>o Soi TII AFKHA\ XATIOXAF. CO.VVKXTIOX, 1908 — '09.
DUHBAX, Montlfii/, 2GTH October, 190S.
Half -past nine o'clock a.m.
1. All the members \voro present.
2. Y7/r /'resident put in :
(i) A letter, dated the 23rd instant, from the Mayor of
Kroonsiad, in\ ii ing tlie Convention to meet at that place in
the contingency of an adjournment from Durlmn, and for that
purpose offering the use of the new municipal buildings
there.
(ii) A congratulatory telegram, dated the 23rd instant,
from the Head Committee of the South African Women's
Federation.
•'>. Adjourned debate1 on motion by Gen. Smuts on constitu-
tion (•[' ScJiate [page 27.] resumed.
'I lie President stated that when this debate was adjourned
on Friday, the question before the Convention was the fol-
lowing :
For ten years after the establishment of the Union, and
thereafter until Parliament otherwise provides, the Senate
shall consist of thirty-six members, and nine shall be elected
or nominated in respect of each Province in the manner
fol lowing.
I'pon which the following amendments had been moved :
By Mr. J agger: The Senate shall, until the Parliament
otherwise decides, consist of thirty-five members directly
chosen by the voters, and for the purpose of the election of
Senators the I'nion shall he divided into seven electoral areas,
namely : —
Cape Colony into three areas.
Transvaal into two areas,
Orange 1'iver Colony into one area,
X at a 1 into one area ;
«ui(l each area shall return five members, to be elected bv
proportioiial represent at ion.
By Mr. IFyslop: The Senate shall consist of thirty-six
members, and nine shall be chosen bv the Legislatures of each
Province. The Parliament may make laws increasing or
diminishing the number of Senators for each Province, bin so
that e<|ual representation of the several original Provinces
•-hall he maintained and no original Province shall hav" less
t ha n n me Senators.
By Mr. Fischer: For ten years after the establishment of a
I nion, and thereafter until Parliament otherwise provides,
the Senate shall be comosed of nine members for and elected
tuting the Cniou, and an addi-
nine, to be nominated bv the
By The President : For ten years after the establishment
"| the I nioii and thereafter until Parliament otherwise pro-
vides the Senate -hall consist of thirtv-two Senators 1o be
MINUTES OF PROCEEDINGS. .'il
elected in the manner hereinafter mentioned, and such addi-
tional members, not exceeding ten in number, as shall he
nominated by the Governor-General-in-Council, provided that
in the selection of persons to be nominated as Senators the
Governor-Gerieral-in-Council shall as to one-half of their
number be guided mainly by their thorough acquaintance, by
reason of their past or present official position, or otherwise,
with the reasonable wishes and wants of the coloured races in
South Africa. As to the remaining half of the nominated
Senators the Governor-General-in-Council shall have regard
to their official or judicial experience by selecting only per-
sons who have occupied in South Africa the position of a
Judge of a Superior Court, Executive Councillor, Speaker of
any House of Assembly, President of any Legislative Council
or Chairman of any Yolksraad.
Debate resumed.
Mr. Mtiltiu moved, as an amendment to the President's
amendment : To omit " Mich " before " additional," and sub-
stitute '"eight": to omit "members"' and substitute "Sen-
ators "• to omit " not exceeding ten in number as shall " and
substitute "to"; to omit "the reasonable wishes and wants
of "; and to add at the end " or permanent head of a Govern-
ment Department."
Dr. Keck moved, as a further amendment to the President's
amendment : To omit all the words after " coloured races in
South Africa."
Col . Greene moved : For ten years after the establish-
ment of the Lmon, and thereafter until Parliament otherwise
provides, the Senate shall consist of thirtv-six members, and
nine shall be elected or nominated from or by ea<-h Province
in the manner hereinafter mentioned: provided that in the
selection of persons to be nominated as Senators the Governor-
General-in-Council shall be guided as to one-half mainly by
their thorough acquaintance, by reason of their past or pre-
sent official position, or otherwise, with the needs and require-
ments of the coloured races in South Africa: as to the remain-
ing half of the nominated Senators the Governor-General-in-
Council shall have regard to their official or judicial experi-
ence by selecting only persons who have occupied in South
Africa the position of a Judge of a Superior Court, Executive
Councillor, Speaker of any House of Assembly, President of
any Legislative Council, or Chairman of anv Volksraad.
Mr. Waiter moved, as a further amendment to the President's
amendment : To omit " ten " before " in number " and sub-
stitute "eight ": and al>o to omit all the words from "As to
the remaining " to the end.
S/r (rcon/c Ffirrar moved, as a further amendment to the
President's amendment : To omit " thirty-two " and substitute
"twenty-eight": and to omit "ten" and substitute
"twelve."
After discussion.
Sir Geor<re l"arrar'< -amendment to omit "' thirtv-two " and
Soi in AFKICA.N NATIONAL CONVKNTION, 1908 — '09.
substitute "twenty-eight ' was put, and the Convention
divided :
•• AYKS," \2.
Bo'.ha, (fen.
Burger, (-fen.
De la Rev, Gen
De Villiers, Sir
Farrar, Sir G.
Fit/patrick, Sir
Hull, Mr.
Jameson, Dr.
Lindsay, Mr.
Smartt, Dr.
Smuts, Gen.
Walton, Mr.
" XOKS," 18.
Beck, Dr.
Browne, Mr.
De Wet, Gen.
J. II.
Fischer, Mr.
II.
Greene, Col.
J. p.
Hertzog, Gen.
liyslop, Mr.
•1 agger, Mr.
Maasdorp, Mr.
Malan, Mr.
Merriman, Mr.
Moor, Mr.
Morcom, Mr.
Saner, Mr.
Sinythe, Mr.
Stanford, Col.
Steyn, Mr.
Van Heerden,
Mr.
Tho amendment accordingly negatived.
With leave of the Convention,
The remainder of Sir George Farrar's amendment was
withdrawn.
Mr. Sauer's amendment to omit the last paragraph of the
President's amendment put, and the Convention divided:
• AYES," 1C. '• XOKS," 14.
Beck, Dr.
Botha, Gen.
Browne, Mr.
Burger, Gen.
De Villiers, Sir J. H.
De la Key, Gen.
De Wet, Gen.
Farrar, Sir G.
II.
Fischer, Mr.
Fitzpatriek, Sii
• J.
fieri xog, (fen.
( f reene. ( 'ol .
Hyslop, Mr.
Hull, Mr.
•1 agger, Mr.
Jameson, Dr.
Maasdorp, Mr.
Lindsay, Mr.
Malan. Mr.
Morcom. Mr.
Merri man, M i .
Smartt, Dr.
Moor, Mr.
Smnis, Gen.
Saner, Mi-.
Smythe, Mr.
Stanford, Col.
Walton, Mr.
Sievn. Mr.
Vaii Heerden. Mr.
amendment accordingly agreed to, and the amendment
propn-ed !>v Dr. Beck, as well as the last part of Mr. Malan's
amendment 10 add words at the (Mid, accordingly dropped.
Ilia: [tart oi Mr. Malan'< amendment relating to the nnm-
MINUTES OF PROCEEDINGS.
ler of members of the Senate put and agreed to, and that part
of Mr. Sauer's amendment relating thereto accordingly
dropped.
With leave of the Convention,
Col. Greene's amendment was withdrawn.
Mr. Malan's amendment to omit " the reasonable wishes
and wauls of " put and negatived.
Mr. Fischer moved, as a further amendment to the Presi-
dent's amendment: To omit " past or present"; and to omit
"position" and substitute "experience."
Agreed to.
The President's amendment, as amended, was then put as
the main question and agreed to, viz. :
For ten years after the establishment of the Union, and
thereafter until Parliament otherwise provides, the Senate
shall consist of thirty-two Senators, to be elected in the man-
ner hereinafter mentioned, and eight additional Senators to be
nominated by the Governor-General-in-Council : provided that
in the selection of persons to be nominated as Senators the
Governor-General-in-Couneil shall as to one-half of their
number be guided mainly by their thorough acquaintance, by
reason of their official experience, or otherwise, with the
reasonable wishes and wants of the coloured races in South
Africa.
The original motion, and the remaining amendments
thereon accordingly dropped.
4. Gen. Smuts moved: In respect of each Province, four
of the elective Senators shall be elected by the members of
the House of Assembly by proportional representation, and
four shall be elected in the case of the first Parliament by pro-
portional representation by the Parliament of each Colony as
existing at the date of the establishment of the Union, the
two Houses sitting and voting together, and thereafter the
last mentioned four Senators shall be elected by proportional
representation by the Provincial Councils.
Mr. Jaggcr moved, as an amendment: In respect of each
Province, eight of the elective Senators shall, in the case of
the first Parliament, be elected by a proportional representa-
tion method by the Legislature of the Colony, both Houses
sitting as one body, and thereafter shall be elected by a pro-
portional representation system by the Provincial Council.
Sir Percy Fitzpatriclt moved : In respect of each Province,
one-fourth of the elective Senators shall be elected by each
Province voting by proportional representation as one con-
stituency.
J/r. Mi'i'i'iinan moved: In respect of each Province, four of
the elective Senators shall be elected by the members of the
House of Assembly, and four, in the case of the first Parlia-
ment, shall be elected by means of proportional representation
by the Parliament of each Colony, the two Houses sitting and
voting together, and thereafter such members shall be elected
by proportional representation by the Provincial Councils.
c
34 SOI-TH AFRICAN NATIONAL CONVENTION, 1908 — '09.
Discussion ensued.
Business suspended at eleven o'clock a.m.
Ten minutes past eleven o'clock a. in.
Business resumed.
5. Minutes of previous meeting confirmed.
G. The President put in a telegram of congratulation from
the Ivlipspruit Branch (Aliwal North) of the Afrikander
Bond.
7. Discussion on Gen. Smuts' motion on election of Sen-
ators [page 33.] continued.
AViih leave of the Convention,
r_l he amendment, proposed by Mr. Merriman was withdrawn.
Mr. Pitcher moved : Each Province of the Union shall elect
eight Senators on the principle of proportional representation;
the mode of such election shall in regard to the first election
be determined by the existing Legislature of each Colony con-
stituting the Union, and thereafter by the Provincial Legis-
lature.
Mr. Jti'oicne moved : To add to the original motion " Of the
eight Senators to be nominated by the Governor-General-in-
Council one at least shall be selected from each Province."
8. Mr. Steyn moved : That the Convention do now adjourn
to enable the Franchise Committee to continue their deliber-
ations.
After discussion,
With leave of the Convention,
This motion was withdrawn.
0. Discussion on Gen. Smuts' motion on election of Sen-
ators | page 33.] continued.
Business suspended at half-past twelve o'clock p.m.
Half-past three o'clock p.m.
Business resumed.
Discussion on Gen. Smuts' motion on election of Sen-
ators [page 33.] continued.
Mr. Lindsay moved : The eight Senators to be elected for
each Province shall be elected by proportional representation
by the Parliament of each Colony existing at the time of the
I'nion, both Houses sitting together, and they shall hold
office for 1en years; the Parliament of South Africa to deter-
mine the manner of election thereafter. Any vacancy occtir-
ring in the number of Senators during such ten years to be
filled by election by the Provincial Council of the Province
concerned.
Dr. S/n/irl/ moved : For the first Parliament, eight Senators
shall be elected for each Province by proportional representa-
tion by the then existing Legislature of each Colony, the two
Houses siting as one body, and thereafter the elective mem-
bers of the Senate shall be elected by proportional representa-
tion in the manner following, viz.: The Colony of the Cape
MINUTES OF PBOCEEDINGS. 3£
of Good Hope shall be divided into three Provinces, the
Transvaal into two Provinces, and Natal and the Orange
River Colony shall each form one Province. The qualifica-
tion for an elector for the Senate shall be as follows : (a) he
must be a male of 25 years of age; (b) qualified as an elector
for the Legislative Assembly; (c) the owner or occiipier of
immovable property of the value of not less than £500, or in
receipt of a salary of not less than £120 per annum.
10. On the motion of Mr. Saner, the Convention suspended
business at twenty minutes past four o'clock p.m., until it
should bo called together in order to enable a Committee to
consider the original motion and the amendments thereon and
to draft a proposal upon them for submission to the Conven-
tion, the Committee consisting of Mr. Merriman, Dr. Jameson,
Mr. Moor, Mr. Hyslop, General Botha, Sir Percy Fitzpatrick,
Mr. Fischer, Mr. Browne, and the President ; the President
to be Chairman.
And the Convention having re-assembled at twenty minutes
past five o'clock p.m.,
The President reported that the Committee had not yet
succeeded in arriving at any definite conclusion.
11. On the motion of Dr. Smartt, the Convention thereupon
adjourned in order to enable the Committee to continue their
deliberations.
DURBAN, Tuesday, 2TTH October, 1908.
Half-past nine o'clock a.m.
1. All the members were present.
2. Adjourned debate on motion by Gen. Smuts on Election
of Senators [page 33.] resumed.
The President stated that when this debate was adjourned
yesterday, the question before the Convention was the follow-
ing:
In respect of each Province, four of tlie elective Senators
shall be elected by the members of tlie House of Assembly by
proportional representation, and four shall be elected in the
case of the first Parliament by proportional representation by
the Parliament of each Colony as existing at the date of the
establishment of the Union, the two Houses sitting and voting
together, and thereafter the last mentioned four Senators
shall be elected by proportional representation by the Provin-
cial Councils.
Upon which motion amendments had been moved by : Mr.
Jagger [page 33.]: Sir Percy Fitzpatrick [page 33.]; Mr.
Fischer [page 34.]: Mr. Browne [page 34.]; Mr. Lindsay
[page 34.] : and Dr. Smartt [page 34.] ; and that a Committee
had been appointed to consider the original motion and the
C -2
-36 SOUTH AFRICAN NATIONAL CONVENTION, 1908 — '09.
amendments thereon, and to draft a proposal on them
[ page 35.].
The President then submitted the draft of a resolution
adopted yesterday by the Committee, viz. :
There shall be eight elective Senators for each Province.
For the purpose of electing the first thirty-two Senators the
Houses of Parliament of each Province as existing at the estab-
ment of the Union, sitting together and voting on the system
<,f proportional representation shall elect not fewer than eight
and not more than sixteen candidates, from among whom the
Governor-General- in-Council shall select the requisite eight
Senators for each Province.
The said Senators shall hold office for six years. Parlia-
ment shall fix and determine the manner in which the eight
Senators for each Province shall thereafter be elected, and the
manner in which vacancies shall in the meantime be filled up.
The President moved: That the proposal of the Committee
now submitted stand in lieu of the original motion and the
several amendments thereon.
Agreed to.
Mr. Hyxlop moved, as an amendment to the Committee's
proposal: After "elected" to insert "by such Province."
Upon which the Convention divided:
"AYES/' IT.
Browne, Mr.
De Yilliers, Sir J. H.
De Wet, Gen.
Fischer, Mr.
Fitzpatrick, Sir J. P.
Greene, Col.
Hertzog, Gen.
Hyslop, Mr.
Maasdorp, Mr.
Malan, Mr.
Moor, Mr.
Morcorn, Mr.
Sau or, Mr.
Smythe, Mr.
Steyn, Mr.
Van Heerden, Mr.
Walton, Mr.
The amendment accordingly agreed to.
Mr. S finer moved, as an amendment : To omit '' in the
meantime," and substitute "during the said period of six
years."
Agreed to.
Gen. , ///> moved, as an amendment: To omit "there-
after " and substitute " for a further period of four years."
Upon which the Convention divided:
"NOES," 13.
Beck, Dr.
Botha, Gen.
Burger, Gen.
De la Itey, Gen.
Farrar, Sir G. H.
Hull, Mr.
Jagger, Mr.
Jameson, Dr.
Lindsay, Mr.
Merriman, Mr.
Smartt, Dr.
Smuts, Gen.
Stanford, Col.
MINUTES OF PROCEEDINGS.
" AYES," 23.
Beck, Dr.
Botha, Gen.
Browne, Mr.
Burger, Gen.
De la Itey, Gen.
De Villiers, Sir J. H.
De Wet, Gen.
Farrar, Sir G. H.
Fit/patriek, Sir J. P.
Hull, Mr.
•Tagger, Mr.
Jameson, Dr.
Lindsay, Mr.
Maasdorp, Mr.
Malan, Mr.
Merriman, Mr.
Sauer, Mr.
Srnartt, Dr.
Smuts, Gen.
Stanford, Col.
Steyn, Mr.
Van Heerden,
Walton, Mr.
Mr.
"XOES," T
Fischer, Mr.
Greene, Col.
Hertzog, Gen.
Hyslop, Mr.
Moor, Mr.
Morcom, Mr.
S my the, Mr.
The amendment accordingly agreed to.
The proposal submitted by the Committee, and moved by
the President, was then put, as amended, as the main quo<-
tion, and agreed to as follows :
There shall be eight elective Senators for each Province.
For the purpose of electing the first thirty-two Senators the
Houses of Parliament of each Province as existing at the estab-
lishment of the "Union, sitting together and voting on the system
of proportional representation, shall elect not fewer than
eight and not more than sixteen candidates, from among
whom the Governor-General-in-Couiieil shall select the requi-
site eight Senators for each Province.
The said Senators shall hold office for six years. Parlia-
ment shall fix and determine the manner in which the eight
Senators for each Province shall for a further period of four
years be elected by such Province, and the manner in which
vacancies shall during the said period of six year- be filled
up.
The original motion proposed by Gen. Smuts and T]^
amendments thereon, accordingly dropped.
3. Mi'. Ilyxlop moved : Parliament may make law- increas-
ing or diminishing the number of Senators for each Province,
but so that equal representation of the several original Pro-
vinces shall be maintained, and no original Province -hall
Jia-se less than eight Senators.
After discussion,
:>H SOUTH AFRICAN NATIONAL CONVENTION, 1908 — '09.
This motion was put, aiid the Convention divided:
" AYES," 5. Farrar, Sir G. H.
Fischer, Mr.
Greene, Col. Fitzpatrick, Sir J.I'.
Hyslop, Mr. Hertzog, Gen.
Moor, Mr. Hull, Mr.
Morcom, Mr. Jagger, Mr.
Smytlie, Mr. Jameson, Dr.
Lindsay, Mr.
Maasdorp, Mr.
" NOES," 25. Malaii, Mr.
Merriman, Mr.
Beck, Dr. Saner, Mr.
Botha, Gen. Sniartt, Dr.
Browne, Mr. Smuts, Gen.
Burger, Gen. Stanford, Col.
De la Rev, Gen. Steyn, Mr.
De Yilliers, Sir J. H. Van Heerden, Mr.
De Wet, Gen. Walton, Mr.
The motion accordingly negatived.
4. Gen. Smuts moved: The qualifications of a Senator
shall be as follows :
He must be :
(a) Thirty years of age;
(b) Qualified to be registered as an elector in one of the
Provinces ;
(c) Five years resident in the Union ;
(d) A British subject;
(e) Owner of immovable property within the Union of the
value of not less than £500 over and above his debts and
liabilities.
Mr. Jaf/f/cr moved, as an amendment : To insert before
" Owner," in sub-section (e), '' In the case of an elected Sen-
ator."
Dr. Snun-11 moved, as an amendment : In sub-section (e) to
omit all the words after " less than " and substitute " £2,000
over all special conventional mortgages, or be the owner of
movable or immovable property to the value of £4,000 over
and above his just debts."
.I// . / t seller moved, as an amendment : To insert a new sub-
sod ion (;n, " He must be of European descent."
Greene moved : To add to sub-section (d ) "of
European descent.''
After discussion,
\\ itli leave of the Convention,
Die amendment proposed by Mr. Fischer was withdrawn.
The amendment proposed by Mr. Jagger put and agreed to.
Dr. Smartt's amendment put, and the Convention divided:
MINUTES OF PROCEEDINGS.
" NOES," IT.
Botha, Gen.
Browne, Mr.
Burger, Gen.
De la Key, Gen.
De Villiers, Sir J. H.
De Wet, Gen.
Farrar, Sir G. H.
Fischer, Mr.
Fitzpatrick, Sir J. I*.
Hertzog, Gen.
Hull, Mr.
•I agger, Mr.
Lindsay, Mr.
Malan, Mr.
Sauer, Mr.
Smuts, Gen.
Steyn, Mr.
The amendment accordingly negatived.
The amendment proposed by Col. Greene put and agreed
-to.
Mr. Lindsay moved : In sub-section (e), to omit all the
words after " over and above " and substitute " any conven-
tional or special mortgages thereon."
Agreed to.
Dr. Beck moved : To omit " £500 " and substitute
;' £1,000."
Upon which the Convention divided :
"AYES," 13.
Beck, Dr.
'Greene, Col.
Hyslop, Mr.
Jameson, Dr.
Maasdorp, Mr.
Merriman, Mr.
Moor, Mr.
Morcoin, Mr.
Smartt, Dr.
S my the, Mr.
Stanford, Col.
Van Heerden, Mr.
Walton, Mr.
"AYES," 16.
Beck, Dr.
Botha, Gen.
De Villiers, Sir J. H.
Fitzpatriek, Sir T. T.
Greene, Col.
Hyslop, Mr.
Jameson, Dr.
Maasdorp, Mr.
Merriman, Mr.
Moor, Mr.
Morcom, Mr.
Smartt, Dr.
Smythe, Mr.
Stanford, Col.
Van lleerden, Mr.
Walton, Mr.
" XOES," 14.
Browne, Mr.
Burger, Gen.
De la IJey, Gen.
De Wet, "Gen.
Farrar, Sir G. H.
Fischer, Mr.
Hertzog, Gen.
Hull, Mr.
•Tagger, M'r.
Lindsay, Mr.
Malan,' Mr.
Sauer, Mr.
Smuts, Gen.
Stevn, Mr.
The amendment accordingly agreed to.
Mi-. Stiucr moved: To insert before "Owner,
beginning of sub-section (e), "The registered.'
at
40 SOTTII AFIUCAX NATIONAL CONVENTION, 1908 — '09.
Agreed to.
Motion, as amended, put and agreed to, viz.: —
The qualifications of a Senator shall be as follows: —
He must l>e :
(a) Thirty years of age;
(b) Qualified to be registered as an elector in one of t he-
Provinces :
(c) Five years resident in the Union;
(d) A British subject of European descent;
(ej In the case of an elected Senator the registered owner
of immovable property within the Union of the value of not
less than £1,000 over and above any conventional or special
mortgages thereon.
A. (rcn. Smuts moved: The Senate shall choose one of
their number to be President of the Senate, who shall hold
office till the next election of Senators, subject to removal by
a vote of the Senate.
Col. Stanford moved, as an amendment : The Chief
Justice of the Supreme Court of South Africa shall be ex
ofjicio the President of the Senate.
Mr. Jf/f/f/er moved : To omit " the next election of Sen-
ators " and substitute " he ceases to be a Senator."
After discussion,
With leave of the Convention,
The amendment proposed by Col. Stanford was withdrawn.
Business suspended at eleven o'clock a.m.
Ten minutes past eleven o'clock a.m.
Business resumed.
0. Minutes of previous meeting confirmed.
7. Discussion on General Smuts' motion on President of
Senate [printed above J continued.
Mr. WfiJfmi moved : To omit " till the next election of Sen-
ators ;; and substitute " until the end of his term of office a?
Senator and thereafter until his successor is appointed.''
After discussion,
7 he President put the question: That the words proposed
to lie omitled stand part of the motion, which passed in the
negative, aiid the words were accordingly omitted.
\\ ith leave of the Convention,
The- amendment proposed by Mr. Jagger was withdrawn.
7 IK /'ri's.drul then put the substitution in lieu of the words
; mined, of: the words proposed by Mr. Walton, which was
••.greed to.
Mr. Miilcn moved : To omit " President ' and substitute
Sjiea ker. "
Thi- amendment put and negatived.
Motion, as amended, nut and agreed to, viz.:
The Senators shall choose one of their number to be Presi-
dent of the Senate, who >hall hold office until the end of his
term of office a- Senator and thereafter until his successor is
appointed, suliject to removal by a vote ot the Senate.
MINUTES OF PROCEEDINGS. 41
8. Mr. Mdltnt moved : The Senators to be nominated by
•the Governor-General-in-GVnmcil without reference to the
Parliaments in existence at the establishment of the Union
shall be so nominated for a period of six years, and thereafter
for a further period of four years.
Dr. Sinartt moved, as an amendment: To omit " six " and
substitute " ten," and to omit all the words from " and
thereafter " to the end.
After discussion,
This amendment was imt and agreed to.
Motion, as amended, put and agreed to, viz. :
The Senators to he nominated by the Governor-General-iu-
•Council without reference to the Parliaments in existence at
the establishment of the L'nion shall be so nominated for a
period of ten years.
!). Mr. FfscJirr moved: Questions arising in the Senate
shall be determined by a majority of votes, and each Senator
shall have one vote. The President shall in all cases be
entitled to a vote, and when the votes are equal the question
shall pass in the negative.
Mr. Waiter moved : To omit the last paragraph and sub-
stitute " In case of an equality of votes the President shall
not have a deliberative vote, but only a casting vote."
Gen. Smut* moved: All questions in the Senate shall be
determined by a majority of the votes of members present
other than the President or presiding member, who shall,
however, have and exercise a casting vote in case of an
equality of votes.
After discussion,
AVith leave of the Convention,
The original motion, and the amendment thereon, were
withdrawn in favour of the last amendment, which was pur
as the main question and agreed to.
10. (JTCII. $/nntx moved: The House of Assembly -hall
be composed of members directly chosen by the voters of tht>
I'nion, and the number of such members shall be as nearly
as practicable three limes the number of the Senators.
Mr. Merriinan moved, as an amendment : To omit all the
words after "such members shall" and substitute ''until
otherwise ordered by Parliament be as near as possible one
hundred aii'i twenty"
Mr. Fitcln'r moved: The House of Assembly shall be
Directly chosen bv the votor< of the I nion for a period of ten
vears, and thereafter until Parliament shall otherwi>e decide
the members shall be distributed among the Provinces in
•manner hereinafter mentioned.
Business suspended at half-past twelve o'clock p.m.
Hal f-jinxt ilirci tt'rlork u.ui.
Busiue-s resumed.
•(TO). Siniil* moved: That the further consideration of thi-
4-2 SOUTH AFRICAN NATIONAL CONVENTION, 1908 — '09.
motion stand over until after the next two notices on the
paper in his name have been discussed.
Agreed to.
(Jc». Smut* moved : The members of the House of
A--embly shall be distributed among the Provinces in propor-
tion to the respective numbers of their registered white voters,
and shall be quadrennially redistributed on the same basis.
All fractional quotients shall be disregarded and shall be
ii'iven to the Province with the smallest number of white
voters.
Mr. Merriment moved: To omit all the words after " num-
bers of their " and substitute ' European population, and
a tier each census shall be redistributed 011 the same basis.
All fractional quotients in excess of one-half shall be taken as
a unit of redistribution."
Discussion ensued.
On the motion of Dr. Smartt,
The debate was adjourned until to-morrow.
12. On the motion of Mr. Van Heerden, the Convention ad-
journed at a quarter-past five o'clock p.m.
DURBAN, Wednesday, 28Tii October, 1908.
Half-past nine o'clock a. in.
1. All the members were present.
2. Mr. Merriman presented a petition from the African
Political Organisation of coloured people resident in the Cape-
( 'olony, praying that the principle of equal rights to all
civilised persons in South Africa may be embodied in the Con-
stitution of the Union.
The petition was read.
• I. Adjourned debate on motion by Gen. Smuts on distri
bution of members [printed above] resumed.
7 /if President stated that when this debate was adjourned
\c^erday, the question before the Convention was a motion
by (-ren. Smuts, viz. :
The members of the House of Assembly shall be distributed
among the Provinces 171 proportion to the respective numbers
• t their registered white voters, and shall be quadrennially
re-distributed on the same basis. All fractional quotients
shall be disregarded and shall be given to the Province with
.he >7iialle>t number of white voters.
I |>cn which the following amendment had been moved by
M i . Merriman :
T" omit ;,11 the words after "numbers of their" and sub-
-; i'iiie ' European population, and after each census shall be-
re-di>tribuied on the same basis. All fractional quotients in
excess of one-half shall be taken as a unit of re-distribution."
Debate re>umed.
After discussion.
MINUTES OF PROCEEDINGS.
Mr. Saner moved: That the motions moved by Geii.
'Smuts on composition of House of Assembly [page 41.] and on
.distribution of members [page 42.], together with the amend-
ments thereon, and the motions on electoral areas and election
of members, of which (ien. Smuts has given notice, viz.:
The members of the House of Assembly in each Pro-
vince shall be chosen in electoral areas to be deli-
mited on the principle that in each area the propor-
tion between the number of members to be chosen
therein and the number of registered voters therein
shall as far as practicable be identical.
The members of the House of Assembly shall be
elected according to the principles of proportional
representation. Jvach electoral area shall return in it
less than three members.
be referred to a Committee for consideration, the Committee
to consist of the President, the Prime Ministers of the lour
Colonies concerned, and two Delegates nominated by each
Prime Minister.
Mr. Fi sclicr moved, as an amendment: That the Committee
consist of the President, the Prime Ministers, and one Dele-
gate nominated by each.
This amendment, having been put and negatived,
The motion proposed by Mr. Saner was put and agreed to.
Members of the Committee were then nominated as follow- :
Cape of Good Hope: Dr. Jameson and Mr. Saner; ^\ atal \
Col. Greene and Mr. Ilyslop ; Transvaal, Sir George
Farrar and Gen. Smuts; Orange River Colony: Gen. Hert/orr
and Mr. Browne.
4. Minutes of previous meeting confirmed.
5. Mr. Mdlan moved : That the Convention do now adjourn
until half-past three o'clock p.m.
Sir Gearyc Farrar moved, as an amendment : That the (^in-
vention do now adjourn until to-morrow.
And this amendment having been put and agreed to. the
Convention accordingly adjourned at half-past ten o'clock
a.m.
DFPJiAX, rittn-.xjfti/, 29-ni October,
Half-past tliree o
1. All the members were present.
2. Minutes of previous meeting confirmed.
3. The President stated that, as the Committee appointed
to consider the question of the constitution of the Assembly
had adjourned yesterday afternoon until thi< morning, there
•was no quorum present at the usual hour of meeting to-day.
and that he had accordingly adjourned the Convention tlli*
morning until the hour for the afternoon sitting.
4. Gen. Botlia presented a petition from the African
Political Organization of Coloured People resident in ^je
44 Sot TH AriucAN XATJOXAL CONVENTION, 1908 — '09.
Transvaal, praying that ihe principle of equal rights to all'
civilized persons in South Africa may be embodied in the-
Constitution of the Union.
5. Col . Stanford moved : That the petitions of the Afri-
can Political Organizations of Coloured People resident in
the Cape Colony and The Transvaal, presented yesterday and
to-day, be referred to the Committee on the Franchise.
Agreed to.
0. The I.' resident laid on the Table the resolutions adopted
l.v the Committee appointed yesterday [page 43.] on the Con-
stitution of th? -louse of Assembly in substitution of the
motions proposed !>y (Jon. Smuts on composition of the
H.-'UM1 of A>-e>mhiy j_page -l-l.] all(l °n distribution of members-
pairc 42.1 a- well as the niotions on electoral areas and elec-
tion of members [page 4-3.]. of which he had given notice
a ii;l the Orders of the Day for the resumption of the debate on
the two first motions were accordingly discharged.
T/ic I* resident- read the resolutions as follows: —
1. The House of Assembly shall be composed of members
directly chosen by the voters of the Union, and sub-
ject to the provisions hereinafter mentioned, the said
members shall be 121 in number.
2. For the period hereinafter mentioned the members of
the House of Assembly shall be allotted to the several
Provinces in the following proportions: —
Cape of Good Hope 51
Xatal 17
The Transvaal 3G
Orange Paver Colony IT.
3. Until the number of members of the House of As-
sembly Las been increased as hereinafter provided TO
.]•)() the representation of no original Province in the
House of Assembly shall be less than that specified
in the foregoing resolution.
4. In 1911, and every five years thereafter, a census of
the white population of the Union shall be taken foi
the purpose of the Constitution. Immediately after
th-' completion of each such census a readjustment of
members of the House of Assembly among the Pro-
vinces shall take place in the following manner: —
The total number of white male adults of the Union
ar ihc lust census before such readjustment shall lie
divided by the number of members of the Hou>e of
A— rinlilv to give tlie quota. Every Province who>e
total number of white male adults has increased sim-e
(lie la<t census, so that, after deducting therefrom
the quota multiplied by the number of member> re-
House of Assembly, it has a sur-
number of white male adults at the
ux equal to at least the quota 01
hall be entitled to an addi-
MINUTES OF PROCEEDINGS. 45
tional member, or additional number of members
equal to such multiple in respect of any such in-
crease. No such additional member or members
shall, however, be elected before the first genera]
election following such re-adjustment. As soon as
the number of members of the House of Assembly
reaches the total of 150, no further increase of repre-
sentation shall be given to any Province, unless
Parliament otherwise provides.
Resolution No. 1 [page 44] put and agreed to.
Resolution No. 2 [page 44] put and, after discussion,
agreed to.
Resolution No. 3 [page 44] put and agreed to.
Resolution No. 4 [page 44] put.
Mr. Mala n moved, as an amendment : After the words
"white male adults of the Union " to insert "being British
subjects, but not being members on active service of the Im-
perial Military or Naval Forces."
After discussion,
The President put the insertion of the words " being British
subjects,"
Upon which the Convention divided :
"AYES," 9. Burger, Gen.
De la Rev, Gen.
De Wet, Gen. De Villiers, Sir J. H.
Fischer, Mr. Farrar, Sir G. H.
Hertzog, Gen. Fitzpatriek, Sir J. P.
Jameson, Dr. Greene, Col.
Malan, Mr. Hull, Mr.
Morcom, Mr. Hyslop, Mr.
Smartt, Dr. Jagger, Mr.
Stanford, Col. Lindsay, Mr.
Steyn, Mr. Maasdorp, Mr.
Merriman, Mr.
Moor, Mr.
" NOES," 21. Saner, Mr.
Smuts, Gen.
Beck, Dr. Smythe, Mr.
Botlia, Gen. Van Heerden, Mr.
Browne, Mr. Walton, Mr.
The amendment accordingly negatived.
27c? President then put the amendment : After '' Union "
to insert, the words " not being members on active service of
the Imp 2 rial Military or Naval Forces."
47) Sorrn AFRICAN NATIONAL CONVENTION, 1908 — '09.
Upon which the Convention divided:
" AYES," 1C. "NOES," 14.
Beck, Dr. Browne, Mr.
Botha, Gen. Burger, Gen.
De la Rcy, Gen. Farrar, Sir G. H.
De Villiers, Sir J. H. Fitzpatrick, Sir J. P.
De AVet, Gen. Hull, Mr.
Fischer, Mr. Hyslop, Mr.
Greene, Col. Jameson, Dr.
Hertzog, Gen. Lindsay, Mr.
Jagger, Mr. Maasdorp, Mr.
Malan, Mr. Morcom, Mr.
Merrinian, Mr. Smartt, Dr.
Moor, Mr. Smuts, Gen.
Saner, Mr. Smythe, Mr.
Stanford, Col. Walton, Mr.
Steyn, Mr.
Van Heerden, Mr.
The amendment accordingly agreed to.
Discussion ensued.
On the motion of Mr. Merriman,
The debate was adjourned until the next meeting of the
•Convention.
7. On the motion of Gen. Smuts, the Convention adjourned
at half-past five o'clock p.m. until to-morrow at half-past
:hree o'clock p.m.
DURBAN, Friday, 30Tn October, 1908.
Half -past tlirce o'clock p.m.
1. All the members were present except Mr. Steyn — absent
through indisposition.
2. Minutes of previous meeting confirmed.
3. The President put in a telegram from, the Mayor of Har-
rismith, inviting the Convention to that place for the re-
mainder of the sitting.
4. Mr. Fischer moved: That, at its rising on Wednesday,
the 4th November, the Convention adjourn until Tuesday, the
10th November.
Agreed to.
5. Adjourned debate on Resolution No. 4 of the Committee
on Constitution of Assembly [pages 44-45] resumed.
T/ie President stated that when this debate was adjourned
yesterday, the question before the Convention was the Resolu-
tion No. 4, which had been amended by the insertion after
Union," where it occurs the second time, of the words " not
being 7nembers on active service of the Imperial Military or
N;iv;il Forces."
Debate resumed.
Gen. Smut* moved, as a further amendment: To omit all
the words from " Every Province " down to " such increase,"
MINUTES OF PROCEEDINGS. ±7
and substitute " Every Province, whose total number of white
male adults, divided by the number of members representing
such Province in the House of Assembly, produces a quotient
greater than the quota, shall be entitled to additional repre-
sentation if the total number of its white male adults exceeds
that of the last preceding census by a number equal to, or
greater than, the quota, such additional representation shall
be given by adding to the members allotted to such Province
a number equal to whatever multiple its excess of white male
adults over the last preceding census may be of the quota."
Mr. J agger moved: To add at the end "but the members
of the House of Assembly shall be readjusted amongst the
Provinces every five years on the basis of the white male
adults."
After discussion,
This amendment was put and negatived.
Dr. Beck moved, as an amendment to Gen. Smuts' amend-
ment : To insert a full stop after the word " representation."
After discussion,
With leave of the Convention,
The last amendment was withdrawn.
Dr. Smartt moved, as an amendment to Gen. SmutsT
amendment: To omit "last preceding census" and substi-
tute " census of 1904."
With leave of the Convention,
The amendments by Dr. Smartt and Gen. Smuts were with-
drawn.
Resolution No. 4, as amended, put and agreed to, as
follows : -
4. In 1911, and every five years thereafter, a census of the
white population of the Union shall be taken for the purpose
of the Constitution. Immediately after the completion of
each such census a readjustment of members of the House of
Assembly among the Provinces shall take place in the follow-
ing manner: — The total number of white male adults of the
Union, not being members on active service of the Imperial
Military or Xaval Forces, at the last census before such re-
adjustment shall be divided by the number of members of the
House of Assembly to give the quota. Every Province, whose
total number of white male adults has increased since the last
census, so that, after deducting- therefrom the quota multi-
plied by the number of members representing it in the House
of Assembly, it has a surplus above the number of white male
adults at the last preceding census equal to at least the quota
or any multiple thereof, shall be entitled to an additional
member, or additional number of members equal to such mul-
tiple in respect of any such increase. Xo such additional
member or members shall, however, be elected before the first
general election following such readjustment. As soon as
the number of Members of the House of Assembly reaches the
total of 150, no further increase of representation shall be
* Subsequently further amended ?C3 page 54. G.R.H.
48 SOUTH AFIUCAN NATIONAL CONVENTION, 1908 — '09.
given io any Province, unless Parliament otherwise provides.
0. Gen. /S' in tits moved : Every House of Assembly shall con-
tinue for a period of five years from the date of the first meet-
mo- of Hie House, but may be sooner dissolved by the Gover-
nor-General.
Agreed to.
7. Gen. Smuts moved: The various electoral laws of the
Colonies shall, until altered by the Parliament, continue to
apply in ut fit is 'mutandis to electors for the House of Assemblv
in the corresponding Provinces, subject to the application of
i!ie principle of proportional representation. The qualifica-
tions of voters in the Provinces shall similarly be identical,
with those existing in the Colonies at the establishment of
the Union, save in regard to the following1 matters •
(n) Naturalization in any one Colony shall entitle the person
naturalized to be registered as a voter in that of any other
Province ;
(})} Residence in South Africa for three years previous t^»
registration shall be necessary.
•I//1. Mci-riman moved, as an amendment : Until otherwise
provided by the Legislature of the Union all the laws which
•u-e in force in any Colony at the date of the Proclamation
constituting such Union relating to the qualification or dis-
qualification of every person to be elected, or to sit or vote a?
to the qualification, or disqualification of voters and the oaths
or declarations to be taken by voters, and by returning offi-
cers, and the powers and duties thereof, and the proceedings
at (Sections and the period during which such elections may be
continued, and relating to the trial and decision of contro-
verted elections and the proceedings incident thereto and the
vacating of seats of members and the issuing of new writs m
rase of any seat being vacated otherwise than by a dissolution,
shall respectively be applied to the election of members to
serve in the House of Assembly of the Union for those Pro-
vinces in which such laws were passed.
Discussion ensued.
On the motion of Mr. Merriman, the debate was adjourned
until Tuesdav.
7. Mr. Van Jfccrclen moved: That the Convention at its
rising to-day adjourn until Monday.
Agreed to.
cS. On the motion of Mr. Van Heerden, the Convention ad-
journed at five minutes past five o'clock p.m. until Monday,
i he 2nd November, at half-past nine o'clock a.m.
DUttHAN, Monday, 2.\D Xovcmlcr, 1908.
Half-past nine o'clock a.m.
1. All thf-' members were present.
/• prorMited a petition from the African Poli-
tical Orgnni/ation of Coloured People resident in the Orange
1 ' O
MINUTES OF PROCEEDINGS. 49
liiver Colony, praying that the principle of equal rights to all
-civilised persons in South Africa may he emhodied in the Con-
stitution of the Union.
On the motion of Col. Stanford,
This petition was referred to the Committee on the
Franchise.
• '>. Gen. Smuts moved: The qualifications of a member
• of the House of Assembly shall be as follows: —
He must be :
(.1) Qualified to be registered for the election of members
of the House of Assembly in one of the electoral divisions of
the Union;
(2) President within the Union for not less than three years.
Gen. Hcrtzog moved, as an amendment: To add:
" (.3) Of European descent."
Discussion ensued.
Sir Geoi'(/c Farrar moved : That the further consideration
of this motion stand over until after the Franchise Committee
has reported.
Agreed to.
4. Gen. Smuts moved: Save as modified in the Constitu-
tion, all laws existing in the respective Provinces at the date
of the establishment of the Union shall remain of full force
and effect within the areas of the corresponding Provinces
until repealed by Parliament or by the Provincial Legis-
latures in regard to matters on which legislative powers have
been delegated to them.
Mr. Malan moved, as an amendment : To omit the word
" Legislatures " and substitute " Councils."
Mr. Hyslop moved, as a further amendment : To insert the
words "reserved or" before "delegated."
Mr. Walton moved : Before " repealed " to insert " amen-
ded or."
After discussion,
These amendments were put and agreed to.
Mr. FitcJier moved : To add " But any law made by a Pro-
vincial Council shall have effect in and for the Province as
long and as far only as it is not repugnant to any act of the
Parliament of South Africa.
Agreed To.
Motion, as amended, put and agreed to, as follows: —
Save as modified in the Constitution, all laws existing in
the respective Provinces at the date of the establishment of
the 1 nion shall remain of full force and effect within the
areas of the corresponding Provinces until amended or re-
pealed by Parliament, or by the Provincial Councils, m
regard to matters on which legislative powers have been re-
served or delegated to them. But any law made by a Pro-
vincial Council shall have effect in and for the Province as
Jong and as far only as it is not repugnant to any Act of the
Parliament of South Africa."
5. Gen. Snu/t,< moved: Proposed laws appropriating rev-
.')<) SOITH AFRICAN NATIONAL CONVENTION, 1908 — '09.
(Mine or moneys, or imposing taxation, shall not originate in
the Semite. J3ut a proposed law shall not be taken to appro-
priate revenue or moneys, or to impose taxation, by reason?
oulv of its containing provisions for the imposition or appro-
priation of fines or other pecuniary penalties, or for the
demand or payment, or appropriation of fees for licences, or
fees for services under the proposed law. The Senate may
not amend proposed laws imposing taxation, or proposed laws-
appropriating revenue or moneys for the ordinary annual ser-
vices of the Government. The Senate may not amend any
proposed law so as to increase any proposed charge or burden-
on the people.
Mr. J agger moved, as an amendment: To add: — A pro-
posed law which appropriates money for the ordinary annual
services of the Government shall deal only with such appro-
priation. Laws imposing taxation shall deal only with the
imposition of taxation.
After discussion,
With leave of the Convention,
This amendment wras withdrawn.
The President moved : To omit the words " imposing tax-
ation, or proposed laws appropriating revenue or moneys for
the ordinary annual," and substitute "so far as they impose
taxation or appropriate revenue or moneys for the."
Mr. Walton moved: To add "The Senate shall have the
power to suggest amendments to such proposed laws, but if
after consideration of such amendments by the House of
Assembly they be not agreed to, then the Senate shall not
have the power to insist upon such amendments."
.I//-. Merriment, moved : After " amend " to insert " reject."
After discussion,
The amendment proposed by Mr. Merriman was put, and;
the Convention divided :
"AYES," 12,
Hook, Dr. burger, Gen.
Do la Key, Gen. Do Villiers, Sir J. H.
De Wot, Gen. Farrar, Sir G. H.
Fischer, Mr. Fitzpatriek, Sir J. F.
Hertzog, Gen. Greene, Col.
Jameson, Dr. Hull, Mr.
Malan, Mr. Hyslop, Mr.
Morriman, Mr. -Tagger, Mr.
Smnrtt, Dr. Lindsay, Mr.
Stoyn, Mr. Maasdorp, Mr.
Vnn 1 1 cordon, Mr. Moor, Mr.
Walton. Mr. Morcom, Mr.
Saner, Mr.
: XOKS,'' 18. Smuts, Gen.
Hot ha, Gen. Smythe, Mr.
Urownp, Mr. Stanford, Col.
MINUTES OF PROCEEDINGS.
This amendment accordingly negatived, and the amend-
ment proposed by Mr. Walton dropped.
Business suspended at eleven o'clock, a.m.
Ten minutes past eleven o'clock a.m.
Business resumed.
Discussion on Gen. Smuts' motion on laws appropriating
revenue or moneys or imposing taxation [pages 49-50] con-
tinued.
The amendment proposed by the President put and agreed to.
Mr. Jmjucr moved: To insert thereafter " so as to increase
the burdens on the people, but they may amend such laws
with a view to reducing such burdens," which was put and
negatived.
Gen. Smut x moved: To omit "or for the demand or pay-
ment or appropriation of fees for licences or fees for services."
Agreed to.
Motion, as amended, put and agreed to, as follows: —
Proposed laws appropriating revenue or moneys or imposing
taxation, shall not originate in the Senate. But a proposed
law shall not be taken to appropriate revenue or moneys, or
to impose taxation, by reason only of its containing provisions
for the imposition or appropriation of fines or other pecuniary
penalties under the proposed law. The Senate may not
amend proposed laws so far as they impose taxation or appro-
priate revenue or moneys for the services of the Government.
The Senate may not amend any proposed law so as to increase
any proposed charge or burden on the people.
0. Mr. Merriman moved : All Bills for appropriating anv
part of the public revenue, or for imposing any new tax, or
impost, shall originate in the House of Assembly.
Agreed to.
7. Mr. Merriman moved : The House of Assembly shall noi
originate or pass any vote, resolution, address or bill for the
appropriation of any part of the public revenue, fir of any tax,
or impost, to any purpose not being first recommended by mes-
sage from the Governor-General during the Session in which
such Vote, Resolution, Address or Bill is proposed.
Dr. Smartt moved: To omit the word ''address."
Col. Greene moved: A vote, resolution or proposed law for
the appropriation of revenue, or money>, shall not be passed
unless the purpose of the appropriation lias in the >ame Ses-
sion been recommended by message of the Governor-General.
After discussion,
These amendments were put and negatived.
The original motion was then put and agreed to.
8. Mr. Merriman moved : Any proposed law which appro-
priates revenue or moneys for the ordinary annual service of
the Government shall deal only with such appropriation.
After discussion,
The motion was put and agreed to.
9. Mr. Merriman moved : Laws imposing taxation shall
-deal only with the imposition of taxation.
~t'2 SOUTH AFRICAN NATIONAL CONVENTION, 1908 — '09.
After discussion,
With leave of the Convention,
The motion was withdrawn.
10. Gen. ,S//n/f.s moved: If the House of Assembly passes-
any proposed law and the Senate rejects or fails to pass it, or
passes it with amendments to which the House of Assembly
will not agree, and if the House of Assembly in the next Ses-
sion again passes the proposed law, with or without any
amendments which have been made, or agreed to by the Sen-
ate, and the Senate rejects or fails to pass it, or passes it with
amendments to which the House of Assembly will not agree,
the Governor-General may, during that Session, convene a
joint sitting of the members of the Senate and House of
Axembly in the manner hereinafter provided, or may dissolve
the House of Assembly, and may simultaneously dissolve
bnth the Senate and House of Assembly. But such dissolu-
tion shall not lake place within six months before the date of
the expiry of the House of Assembly by the effluxion of
time.
It after such dissolution the House of Assembly again
pa>ses the proposed law, with or without any amendments
which have been made, or agreed to by the Senate, and if the
Senate rejects, or fails to pass it, or passes it with amend-
ments to which the House of Assembly will not agree, the
Governor-General may convene a joint sitting of the mem-
bers of the Senate and of the House of Assembly, at which
the Speaker of the House of Assembly shall preside.
The members present at any joint sitting, convened under
either of the preceding sub-sections, may deliberate and shall
vote together upon the proposed law, as last proposed by the
Ilou*e of Assembly, and upon amendments, if any, which
have been made therein by the one House of the Parliament,
and not agreed to by the other, and any such amendments
which arc1 affirmed by an absolute majority of the total num-
ber of the members of the Senate and House of Assembly
>hall be taken to have been carried, and if the proposed law.
with the amendments, if any, so carried, is affirmed bv an
absolute majority of the total number of the members of the
Senate and House of Assembly, it shall be taken to have been
duly ] inssed by the Parliament.
.I//-. Mcrrhnan moved, as an amendment : If the House of
.Wembly passes any proposed law and the Senate rejects, or
- to pass it, or passes it with amendments to which the
fnuse of Assembly will not agree, the Governor-General mav
convene a joint siding of the members of the Senate and
HOH ,<> of AsxMiiblv.
I lie menib»rs present at the joint sitting mav deliberate and
sha!! vote together upon the proposed law a<s last proposed by
1'l(' House of Assemblv and upon amendments, if any. which
have been made therein by one House and not agreed to by
the other, and any such amendments which are affirmed by a
majority of the total numbers of the Senate and the House of
MINUTES OF PROCEEDINGS. o3-
Assembly present at such sitting sliull be taken to 1)C carried,
and if the proposed law with the amendments, if any, so
carried, is affirmed by an absolute majority of the total num-
ber of the members of the Senate and House of Assembly
present at the sitting it shall be taken to have been duly
passed by both Houses of Parliament and shall be presented
t ) the Governor for the King's pleasure.
.I//. Jai/t/cr moved, as an amendment to the original
motion: To omit all the words from " in the manner " down
to "Senate and of the House of Assembly ': before "at
which"; in the last paragraph after "any'' to insert
'' such ", and to omit " convened under either of the preced-
ing sub-sections."
After discussion,
With leave of the Convention,
The amendment proposed by Mr. Merriman was withdrawn.
Tlic I'rcxident then put the first part of Mr. Tagger's
amendment, viz. : To omit all the M-ords from " in the man-
ner " down to " Senate and of the House of Assembly " before
"at which."
Upon which the Convention divided :
"AYES," 16. " XOKS," 11.
Beck, Dr. Botha, Gen.
Browne, Mr. Burger, Gen.
])e Yilliers, Sir J. H. De la Bey, Gen.
De Wet, Gen. Farrar, Sir G. H.
Fischer, Mr. Fitzpatrick, Sir J. P.
Hertzog, Gen. Greene, Col.
Tagger, Mr. Hull, Mr.
Jameson, Dr. Hyslop, Mr.
Maasdorp, Mr. Lindsay, Mr.
Malan, Mr. Moor, Mr.
Merriman, Mr. Morcom, Mr.
Sauer, Mr. Smartt, Dr.
Stanford, Col. Smuts, Gen.
Steyn, Mr. Smythe, Mr.
"\'an Heerden, Mr.
Walton, Mr.
The amendment accordingly agreed to.
The remainder of Mr. Tagger's amendment, viz. : In the
last paragraph after "any"' to insert ''such ", and to omit
"convened under either of the preceding subjections," put
and agreed to.
Mr. Me rr; nnni moved: To omit "an absolute", in two
place-, and substitute "a": after "inajnritv of the", in two
place-;, to omit "total number of the"": and after "As-
sembly", where it follows in two place-;, to insert "present
at such sitting".
Discussion ensued.
Business suspended at half-pa^ twelve o'cloc
* The \vonl-; " r-'tal number nf the" wore only omi;t<-l in .me i>I;ict- in the
r.-ohition a- finally a.lopted ns \vcll as in the o.nvsiiMiimiir clau.-e of the South
Africa Act a- as-cntcd to. G.R.H.
.54 SOUTH AFRICAN NATIONAL CONVENTION, 1908 — '09.
A quarter to four o'clock p.m.
Business resumed.
11. Minutes of previous meeting confirmed.
12. Sir J'crcy Fitzpatrick moved, as an unopposed motion,
and \vitli tlie unanimous consent of the Convention : To amend
(lie resolution adopted on Friday last [page 47] on the re-
adjustment of Provincial representation in the Union House
of Assembly by omitting the words "after deducting there-
from'' and s -instituting "it exceeds"; and after "As-
sembly " by omitting " it " and substituting " and ".
Agreed to.
i-'i. Discussion on Gen. Smuts' motion on rejection by Sen-
ate of proposed laws [page 52] resumed.
The amendments proposed by Mr. Merriman [Page 53] put
and agreed to.
Motion, as amended, put and agreed to, viz. : —
If the House of Assembly passes any proposed law and the
Senate rejects or fails to pass it, or passes it with amendments
to which Jhe House of Assembly will not agree, and if the
House of Assembly in the next Session again passes the pro-
posed Jaw, with or without any amendments which have been
made, or agreed to by the Senate, and the Senate rejects or
fails to pass it. or nas<es it with amendments to which the
House of Assembly will not agree, the Governor-General may
during that Session convene a joint sitting of the members of
the Senate and House of Assembly, at which the Speaker of
the House of Assembly shall preside.
The members present at any such joint sitting, may deli-
Iterate and shall vote together upon the proposed law, as last
proposed by the House of Assembly, and upon amendments,
if any, which have been made therein by the one House of
the Parliament and not agreed to by the other, and any such
amendments which are affirmed by a majority of the total
number of the members of the Senate and House of Assembly
present at such sitting shall be taken to have been carried,
and it' the proposed law, with the amendments, if any, so
carried, is affirmed by a majority of the members of the Sen-
ate and House of Assembly present at such sitting it shall be
taken to have been duly passed by the Parliament.
1-1. Mr. Mai a n moved : It shall be lawful for the Governor-
General to dissolve the Senate and the House of Assembly
simultaneously or to dissolve the House of Assembly alone:
provided that the dissolution of the Senate shall not affect any
Senators nominated by the Governor-General-in-Council.
Mr. \\ (titan moved, as an amendment: After "Or to dis-
-olve " to insert " the Senate alone or''.
Mr. Mcrrinifin moved : To add " In the event of the Senate
rejecting a measure for the annual appropriation of public
funds, or for taxation, the Governor-General shall have the
po\ver of di-M>Iving the Senate/'
Mr. Ja<i<j(r moved: To insert at the beginning "Xotwith-
MINUTES OF PROCEEDINGS 55-
standing anything to the contrary in the 14th Resolution
[page 37] contained."
After discussion,
The amendments proposed by Mr. Walton and Mr. Merri-
nian were put and negatived.
With leave of the Convention,
The amendment proposed by Mr. Jagger was withdrawn.
The original motion was then put, and the Convention,
divided :
"AYES," 23. Merriinan, Mr.
Saner, Mr.
Beck, Dr. Smartt, Dr.
Botha, (Jen. Smuts, Gen.
Burger, Gen. Stanford, Col.
l)e la Key, Gen. Steyn, Mr.
Do Villiers, Sir J. II. Van Heerden, Mr.
De Wet, Gen.
Farrar, Sir G. II.
Fischer, Mr. "NOES," 7.
Fitzpatrick, Sir J. P.
Hert/og, Gen. Browne, Mr.
Hull, Mr. Greene, Col.
•Tagger, Mr. Hyslop, Mr.
Jameson, Dr. Moor, Mr.
Lindsay, Mr. Morcom, Mr.
Maasdorp, Mr. Smythe, Mr.
Malan, Mr. Walton, Mr.
The motion accordingly agreed to.
Mr. Hij^lu/i moved : To add " Provided also that no dissolu-
tion of the Senate shall take place during the first six years
after the establishment of the Union."
After discussion,
With love of the Convention,
This amendment was withdrawn.
Mr. Hi/slo/) then moved: To add "Provided further that
should such dissolution of the Senate take place within the
first six years after the formation of the I'liioii the vacancies
shall be tilled up by the Provincial Council in the same man-
ner as was originally provided for by the Parliament of the
States forming the Union."
Ih . y/rr/' moved : To add to the original motion : " In the
event of the dissolution of the first Senate before the ex-
piralion of the period expressed by Resolution Xo. 14 | page
37"1, seats vacated shall be regarded as vacancies to lie filled
up in terms of such Resolution ".
Gen. flcrt~ofj moved: To add " Fn case of a dissolution of
the Senate1 within the lirsi six years after the establishment
of the I'mon, the new Senate shall lie elected by the respec-
tive Provincial Councils as near as may be in manner as pro-
vided in Resolution Xo. 14 [page 37] for the election of the
first Senate, provided that in no case shall the period for
So i TII AFRICAN NATIONAL CONVENTION, 1908 — '09.
•which Mich a new Senate is elected exceed the period of ten
years mentioned in Resolution No. 14".
After discussion,
The amendment proposed by Dr. Beck was put, and the
•Convention divided :
"AYES," 10.
Beck, Dr.
Botha, Gen.
DC Yilliers, Sir J. H.
Farrar, Sir G. H.
Fitzpatriek, Sir -I. P.
Hull, Mr.
•Tagger, Mr.
Lindsay, Mr.
Smuts. Gen.
Stanford, Col.
"XOES," 20.
Browne, Mr.
Burger, Gen.
De la Key, Gen.
De Wet, Gen.
Fischer, Mr.
Greene, Col.
Hertzog, Gen.
Hyslop, Mr.
Jameson, Dr.
Maasdorp, Mr.
Malan, Mr.
Merriman, Mr.
Moor, Mr.
Morcorn, Mr.
Sauer, Mr.
Smartt, Dr.
S my the, Mr.
Steyii, Mr.
Yan Heerden, Mr
AYalton, Mr.
Tlie amendment accordingly negatived.
Un iho motion of Col. Greene,
The debate was adjourned until to-morrors*.
15. Mi'. Fi*c7ter brought up the First Report of the Fran-
.-hi>e Committee appointed by resolution of the Convention,
laied the 22nd October, 190*8 [pages 20-27], recommending
MIC i;)llov,-ing resolutions, viz.: —
I. The various Franchise Laws of the original Colonies ron-
.-tituting the "Union shall, until altered by the Parlia-
ment, continue to apply •imitatix mutfindis to electors for
ihe House of Assembly in the corresponding Provinces:
provided that no Act of Parliament shall at any time:
a) withhold the franchise from any persons by reason of
their colour or race in any province wherein fran-
chise laws at the time the Union Constitution takes
effect admit of their inclusion:
ib) deprive any registered voters in any Province if and
a- long as duly qualified to be on the voters' Hsi< by
any la\v in force at the date of the establishment of
the 1 uioii, of the right to remain on such lists:
• deprive anv persons so qualified at any time but not
ivu'i-'tered as voters at the time4 of the establishment
oi i!.e I nion of the right to be so registered.
\uili intr herein stated shall prevent the Parliament of ihe
Tal law from altering the qualifications
MINUTES OF PIIOCEEDINGS. ^t
II. Only persons of European descent shall be eligible as
Members of either House of Parliament.
III. Until Parliament otherwise provides, but subject to
the Constitution, the laws in force at the establishment of
the Union in each Colony entering- the Union as an ori-
ginal Province relating to the election for the Legislative
Assembly for such Colony, including the registration of
voters, the oaths or declarations to be taken by voters, re-
turning officers, their powers and duties, the proceedings
at elections, the trial of controverted elections, and the
proceedings incident thereto, the vacating of seats of
Members, and the issuing and execution of new writs in
case of a scat being vacated otherwise than by dissolution,
shall mutatis mutandis apply to the elections in the pro-
vince of Members of the House of Assembly.
[Y. Naturalization of persons of European descent in anv
one Colony shall avail as naturalization throughout the
Union.
Mr. Fischer moved : That the Report be now considered.
After discussion,
< )n the motion of Mr. Saner,
The debate was adjourned until to-morrow.
16. Gen. Smuts moved : That the Convention at its rising
adjourn until to-morrow at half-past three o'clock p.m., in
order to enable the Committee on Constitution of the As-
sembly to deliberate.
Agreed to.
17. On the motion of Mr. Van Heerden, the Convention
adjourned at half-past five o'clock p.m. until to-morrow at
half-past three o'clock p.m.
DTRUAX, Tuesday, -">K]» Kin-ember, 1908.
Half -pax I three o'clock p. 'in.
1. All the members were proent. except Sir Le\\
MicheJl.
'2. Minutes of previous meeting confirmed.
•j. Tin- President put in:
(i) A letter, dated the olst October, from the Mayor ot
(Jueenstown, setting forth the advantaye> of that place a- ,-
capital for the I'nion :
(ii) A telegram from the Synod of the Dutch Reformed
Mi.-sion Church, Paarl, conveying their good wishes for the
success of the work ot the Convention.
4. Mr. ILoor presented a letter, dated the loth October,
from Charles Daniel, ot Imbizana, Xatal, on the subject of
the advancement of the natives.
o. The President brought up the Report of the Committee
appointed by resolution of the Convention dated the '-28th
58 SOITII AFKICAN NATIONAL CONVENTION, 1908 — '09.
•October. 100S [page 4'J>] on Constitution of the Assembly,
•recommending the following resolutions, viz. :
1. Immediately on the passing of the Constitution Act a
Commission shall be appointed by the Government of
each Colony, consisting of a Judge of the Supreme Court
;>t' such Colony and two other members. Such Commis-
sion shall thereupon proceed to divide the respective
Colonies into electoral areas for the first elections to be
held under the said Act.
2. The whole number of voters in each Province, as nearly
as can be ascertained, shall be divided by the number of
Members of: the House of Assembly to be elected therein
for the purpose of ascertaining the Provincial quota.
In making any distribution of Provinces into electoral divi-
sions, the Commissioners shall give due consideration to :
(a) community or diversity of interests,
(b) means of communication,
(c) physical features,
(d) existing electoral boundaries,
(e) sparsity or density of population,
and subject thereto the quota of voters shall be the basis
for the distribution, and the Commissioners may adopt a
margin of allowance — to be used whenever necessary—
but in no case shall such quota be departed from to a
greater extent than 15 per cent, more or 15 per cent. less.
•3. The number of Members to be elected in each electoral
division shall be three or more, unless the Commissioners
decide in favour of a smaller number in special cas,-s of
sparsely populated areas.
1. In every fourth year after the establishment of the
Union the Goveriior-General-in-Couneil shall appoint one
or more Commissions, each of which to be presided over
bv a Judsje of the Supreme or High Court of a Province,
lo carry out any redistribution which may have become
necessary as between the different electoral divisions in
each Province, and to provide for re-adjustment of any
additional Members to which such Province may have
become entitled under the provisions of the Constitution.
In carrying out such redistribution and re-adjustment the
Commissioners shall proceed upon the same principles a>
in the original distribution and re-adjustment.
•"). The Members of the House of Assembly shall be elected
according to the principles of proportional represent-
ation, with the single transferable1 vote.
'llu1 Governor-General-in-Council shall make regula-
tions for the preparation and issue of ballot papers pre-
scribing the method of voting, the transfer and counting
of votes and the duties of returning officers.
0. Adjourned debate on First Report of Franchise Com-
7ii!ttc<> ]>a<n^ .~)(;-~)71 resumed.
'J lie ]' r< >/il i ni stated that when this debate was adjourned
MINUTES OF PROCEEDING s. 59-
yesterday, the question before the Convention was the consi-
deration of the First Report of the Franchise Committee.
On Resolution No. I. [page 56].
Mr. Saner moved : To omit all the words after " regis-
tered," at (he end of sub-section (c), and to add at the end of
that sub-section " unless and until Parliament shall by a
general law alter the qualifications of voters throughout the
Union."
Mr. JIull moved :
(i) The Parliament may by any general franchise law apply-
ing throughout the Union, but not otherwise, prescribe the
qualifications which shall be necessary to entitle persons to
vote for the election of Members of the House of Assembly.
(ii) Until such a general law shall be passed, the qualifica-
tions as existing in the several Colonies at the establishment
of the Union shall be the qualifications necessary to entitle
persons in the respective Provinces to vote for the election of
Members of the House of Assembly.
(iii) Xo person who prior to the passing of any such general
law shall be registered as a voter in any Province shall be
removed from the Register by reason of his not possessing the
qualifications prescribed by such law, or by reason of any dis-
qualification based on race or colour.
Discussion ensued.
On the motion of Col. Greene,
The further consideration of this Resolution was ordered to
stand over.
On Resolution Xo. II. [page 57].
Mr. Saner moved : That the consideration of this Resolu-
tion stand over.
Agreed to.
Resolutions Xos. III. and IV. [page 57] put and agreed
to.
On the motion of Col. Greene,
The debate was then adjourned until to-morrow.
7. Adjourned debate on motion by Gen. Smuts on Electoral
Laws [page 48] resumed,
resumed.
7 he President stated that when this debate was adjourned
• on Friday, the question before the Convention was the fol-
lowing : —
The various electoral laws of the Colonies shall, until
altered by the Parliament, continue to applv iniititt/x ni i/tii/xlr.*
to electors for the House of Assembly in the corresponding Pro-
vinces, subject to the application of the principle of propor-
tional representation. The qualifications of voters in the Pro-
vinces shall similarly be identical with those existing in the
Colonies at the establishment of the Union, save in regard to
the following matters ;
(a) naturalization in any one Colony shall entitle the person
naturalized to be registered as a voter in that of anv other
province :
'60 SOUTH AFIUCAN NATIONAL CONVENTION, 1908 — ?09.
(h) residence in South Africa for three years previous to
registration shall be necessary.
Upon which an amendment had been moved by Mr. Merri-
man, viz. : — Until otherwise provided by the Legislature of
the Union, all the laws which are in force in any Colony at
the date of the Proclamation constituting such Union relat-
ing to the qualification or disqualification of every person to
be elected or to sit or vote as a Member of the Assembly in
tho said Colony, and relating to the qualification or disqualifi-
cation of voters and the oaths or declarations to be taken by
voters, and by returning officers, and the powers and duties
thereof, and the proceedings at elections and the period dur-
ing which such elections may be continued, and relating to
the trial and decision of controverted elections and the pro-
ceedings incident thereto, and the vacating of seats of Mem-
bers and the issuing of new writs in case of any seat being
vacated otherwise than by a dissolution, shall respectively be
applied to the election of Members to serve in the House of
Assembly of the Union for those Provinces in which such
laws were passed.
Debate resumed.
\Vith leave of tiie Convention,
The amendment proposed by Mr. Merriman, and all except
snb-sectiori (b) of the original motion, were withdrawn.
Tlie President moved: To omit "in South Africa," and
substitute " within the Union "; to omit '' previous to regis-
tration," and to add at the end "for the purpose of being
registered as a voter."
On the motion of Sir Percy Fitzpatrick,
The debate was adjourned until to-morrow.
S. Adjourned debate on motion by Gen. Smuts 011 qualifi-
cations of Members of the House of Assembly [page -49 j
resumed.
TJte Prctulcii] stated that when this debate was adjourned
yesterdav, the question before the Convention was the fol-
lowing : —
The qualifications of a Member of the House of Assembly
.hall be as follows :-
lie must be :
i 1) Qualified to lie registered for the election of Members
,if the Hou<e of Assembly in one of the electoral divisions of
I lie Union;
i '-3) .licsident within the Union for not less than three years.
I poll which an amendment had been moved by Gen. Hert-
/('U1, viz. :
To add :
('•'>) Of European descent."
Debate rc.Mimed.
( 'n the motion of Mr. Malan,
The debate \va-- adjourned until to-morrow.
9. Adjourned debate on motion by Mr. Malan on dissolu-
ilie Senate and A^embly [page 541 resumed.
MINUTES OF PROCEEDINGS. 01
The President stated that when this debate was adjourned
yesterday, the motion proposed by Mr. Malan had been agreed
io, viz. :
It shall be lawful for the Governor-General to dissolve the
Senate and the House of Assembly simultaneously or to
dissolve the House of Assembly alone: provided that llie
dissolution of the Senate shall not affect any Senators nomi-
nated by the Governor-General-in-Council.
And it had then been moved to add provisoes thereto a<
follows :
By Mr. Hyslop :
Provided further that should such dissolution of the Senate
take plaee within the first six years after the formation of
the Tnion the vacancies shall be filled up by the Provincial
Council in the same manner as was originally provided for
by the Parliament of the States forming1 the l.'nion.
By Gen. Hertxog:
In case of a dissolution of the Senate within the first six
years after the establishment of the I'nion, the new Senate
shall be elected by the respective Provincial Councils as near
a^ may be in manner as provided in ^Resolution Xo. 14 for
the election of the first Senate; provided that in no case shall
the period for which such a new Senate is elected exceed the
period of ten years mentioned in resolution Xo. 14.
Debate resumed.
Dr. Smnrtt moved: To add "Provided further that should
any dissolution of the Senate take place within a period of
ten years after the establishment of the Union, the elected
Senators shall be chosen by the Provinces in such manner as
the Parliament may provide."
After discussion,
With leave of the Convention,
The amendments proposed by Mr. Hyslo]) and Gen. Herf-
zog were withdrawn.
The proviso proposed by Dr. Smart t put and agreed to.
Motion as amended put and agreed to, viz.: —
Tt shall be lawful for the Governor-General to dissolve the
Senate and the House of Assembly simultaneously, or to dis-
solve the House of Assembly alone: provided that the disso-
lution of the Senate shall not affect any Senators nominated
by the Governor-General-in-Council : jiroviued further that
should any dissolution of the Senate take ]>la<-e within a
period of ten years after the establishment of the Fnion, the
elected Senators shall be chosen bv the Provinces in such
manner as the Parliament mav provide.
1(). .I//-. Moor moved: The Legislature of any Province
may make laws in relation to matters coming within the
classes of subjects hereinafter enumerated, that is to sav :
(i) The amendment from time to time, notwithstanding
anything in this Act. of the Constitution of the Province
•except as regards the office of Governor.
Discussion ensued.
(52 Sorxn AFRICAN NATIONAL CONVENTION, 1908 — '09.
On the motion of Col. Greene,
The debate was adjourned until Tuesday, the 10th instant.
.11. Gen Sin at* moved: That the Resolutions of the Fran-
chise* Com in it lee [pages 5G-5T], and the amendments moved in
the Convention on the consideration thereof [page 59] be re-
ferred back to the Committee, with an instruction to bring
up a report to-morrow.
Agreed to.
12. On the motion of Mr. Malan, the Convention adjourned
nl a quarter to five o'clock p.m.
DURBAN, Wednesday, 4Tii November, 1908.
Half-past nine o'clock a.m.
1. All the members were present, except Sir Lewis Michell.
2. The Convention had under consideration the question of
the time and place of the sittings of the Convention after to-
day's adjournment, but postponed a decision thereon until
after the suspension of business at eleven o'clock.
3. The President moved: That the Convention proceed to-
the consideration of the motions on the Administration of
•Justice, Nos. 1 to 12 as follows: —
1. There shall be a Supreme Court of South Africa, consisting of a Chief
Justice, two ordinary Judges, the Chief Justices of the several Provinces
forming part of the Union, and the Judge-President of the Eastern Districts
Court.
2. The Chief Justice and the two ordinary Judges of the Supreme Court
of South Africa shall be appointed by the Governor -General-in-Council and
they shall hold office during good behaviour. They shall receive such
remuneration as the Parliament may fix, but the remuneration shall not be
diminished during their continuance in office. Judges and Advocates of the
Supreme Courts of the Provinces shall be eligible to be so appointed.
'.'>. The Supreme Court of South Africa shall have original jurisdiction in
all matters : —
(1 ) Arising under any treaty.
(•J) Affecting Consuls or other representatives of other countries.
(3) In which the Government of the Union, or a person suing or being
sued on behalf of such Government, is a party.
(4) Arising under this Act.
(,"i) In which the validity of any Provincial Ordinance shall come into
question.
(it) Of Admiralty and Maritime jurisdiction.
(7) All'eeting the validity of elections of Members of the Union Parlia-
ment, provided that on the trial of any election petition the laws in
force at the time of the Union in the Province within which such
petition shall be tried, shall mntatix nitit(tH(Ii* apply.
(*) When the parties have in writing agreed that the case shall be heard
in the first instance before such Supreme Court of South Africa.
1. In lien of any appeal which may by law be made from any Court of
any Province at the date of the establishment of the Union to the King-in-
Conncil tin- appeal shall, subject to the provisions in the next succeeding
section mentioned, lie made to the Supreme Court of South Africa without
any further appeal t'> the King-in-Conncil, but nothing herein contained
shall lie c.>nsmied to impair any right which the King-in-Conncil may be
pleased to exercise to grant special leave to appeal from the Supreme Court
of South Africa, in the exercise of either its original or its appellate juris-
MINUTES OF PROCEEDINGS. (;.'{
•diction, to the King-in-Council after due notice of an application for such
•-special leave to appeal had been given to the- party respondent.
The Parliament may make laws limning the matters in which such leave
may be asked, but proposed laws containing any such limitation shall be
reserved by the Governor-General for His Majesty's pleasure.
f>. In lieu of the amounts which by the laws of the different Provinces
may have been fixed as the lowest amounts in respect of which appeals can
be made to His Majesty- in-Council, the sum of £'2~>n shall be the lowest
limit for appeals to the Supreme Court of South Africa ; provided that it
shall be competent for the said Supreme Court of South Africa to grant
special leave to appeal in any case in which, owing to its public importance,
it is desirable that such leave should be granted.
(I. Tt shall be lawful for the Judges of the Supreme Court of South Africa
to make Rules for the conduct of its proceedings and the regulation of
appeals from the Supreme Court of the Provinces, which shall be subject to
the approval of the Governor-General-in-Council, and until such Rules
shall have been promulgated the Rules in force in the Supreme Court of tin-
Cape of (iood Hope shall imituti.t unit/nidi* apply.
7. Tlit> Supreme Court of Soutli Africa shall sit in
but may from time to time for the convenience of suitor* hold its sittings at
other places within the Union.
8. In the exercise of the original jurisdiction of the Supreme Court three
judges shall form a quorum. In the exercise of its appellate jurisdiction five
judges shall form .1 quorum, but the Chief Justice of any Province, or the
Judge-President of the Eastern Districts Court shall not take part in tin-
hearing of any appeal against a judgment given in a case heard before him.
0. It shall be lawful for the Governor-Gencral-in-Couucil to appoint a
Registrar of the Supreme Court of South Africa, and such other officers of
the said Court as shall, in the opinion of the Chief Justice' thereof, be
required for the proper despatch of the business of the said Court.
10. All Advocates and Attorneys of the Supreme Courts of the Province*
shall respectively be entitled to practise as such in the Supreme Court of
South Africa.
11. The administration of justice throughout the Union shall be under
the control of a Minisiter of Justice, in whom shall be vested ;dl powers,
functions and authorities which shall, at the time of the establishment of
the Union, be vested in the Attorney Generals of the different Colonies,
save and except the duty of prosecuting for crimes and offences, which shall
continue to be performed by the Attorney-General of each Province, who. if
not already a permanent officer, shall be entitled to remain in office until a
permanent Attorney-General shall have been appointed for such Province
by the Governor-General-in-Council.
1.!. All Judges of the Supreme Courts of the Provinces shall be otfieer*
of the Union, and they shall retain all such rights in regard to salaries and
pensions as they may enjoy at the time of the establishment of the Union.
Discussion ensued.
(rot. SniHtx moved: That these proposals be referred to a
Committee consisting- of the President and two Members from
each Colony, nominated by the respective Prime Ministers,
and a representative from 1'hodesia, nominated by Sir Wm.
Milton.
Mr. Mnlnn moved : The adjournment of the debate xhic <l/c.
The motion by Gen. Smuts having- been put and negatived,
The adjournment of the debate tine die was put and
agreed to.
4. On the motion of the President,
The Convention suspended business at twenty minutes to
•eleven o'clock a.m., in order to enable the Franchise Com-
mittee to resume their deliberations.
(U SOUTH AFRICAN NATIONAL CONVENTION, 1908 — '09.
Ten minutes past eleven o'clock a.m.
Business resumed.
f>. Minnies of previous meeting confirmed.
G. Mr. Fixclicr in terms of the resolution of the Convention
adopted yesterday [page G2] brought up the Second Report
of the Franchise Committee making no alteration in Resolu-
tion Xo. IF. of the Committee's First Report [page 57], but
recommending the following in lieu of Resolution No. I.
[pa go 5(1], viz. : —
il) The Parliament may, by law, prescribe the qualifica-
tions which shall be necessary to entitle persons to vote for
ihe election of Members of the House of Assembly, but no
Mich law shall disqualify any persons .in the Province of the
Cape of Good Hope by reavm of their race or colour only,
unless such law be passed by a majority of two-thirds of the
Members of each House of Parliament.
(2) Until such a law shall be passed, the qualifications as
existing in the several Colonies at the establishment of the
f n ion shall be the qualifications necessary to entitle persons
in the respective Provinces to vote for the election of Mem-
bers of the House of Assembly.
(•j) Xo person who prior to the passing of any such law
shall be registered as a voter in any Province shall be re-
moved from the register by reason only of any disqualifica-
tion based on race or colour.
7. Adjourned debate 011 First Report of the Franchise
Committee [pages 50-57] resumed.
The President stated that when this debate was adjourned
ye-terday, Resolutions Xos. III. and IV. of the Conimit-
ie<j'> First Report had been agreed to [page 59], and that
amendments having been moved by Mr. Hull and Mr.
Saiier on Resolution Xo. I. [page 59] that Resolution, together
\vith Resolution Xo. II. [page 57] had been referred back to
the Committee for further consideration, and that the Com-
i:iit tee's Second Report [printed above j recommending other
I'.-olntions in lieu of Xo. I., but reporting no alteration in
Xo. IT., had been brought up this morning.
\\ ith leave of the Convention,
Resolution Xo. I. of the Committee's First Report, and
the amendments thereon, were withdrawn.
Debate resumed.
Mr. Fiirltcr moved Resolution Xo. (1) of the Committee's
Second Report, viz.: — The Parliament may, by law, pre-
-cribe the <|ual iiirat ions which shall be necessary to entitle
persons to vote for the election of Members of the House of
A>-cmbly, but no such law shall disqualify any persons in
• Province of the Capo of Good Hope by reason of their
race or colour only, unle>s Mich law be passed by a majority
oi two-thirds of the Members of each House of Parliament.
Mr. M /linn moved, as an amendment : To omit the words
" in the Province of the (.'ape of Good Hope by reason of
their race or colour onlv," ;md substitute " bv reason of their
Mi.MTKs OF PROCEEDINGS. *>•>
colour of face in any Province wherein Franchise Laws at
the lime llic I'liion Conslilulion takes ofVect admit of theii
inclusion."
After discussion,
\Yitli leave of the Convention,
This amendment was withdrawn.
Mr. .M,il<in then moved: After "two-thirds of the" to
insert "total number of the": to omit ''each House" and
substitute "both Houses"; and to add at the end "sitting-
as out' bud v.
Mr. Si/n/tlif moved : To omit all the words after
" Assembly."
A her d ixi-u Nvioii ,
\\' it h lea ve oft he (.'on vent ion.
The amendment proposed by Mr. Malan was. withdrawn.
The amendment proposed bv Mr. Smvtlie put, and the Con-
vent ion divided :
•' A VMS,' 0. Farrar, Sir G. II.
Fischer, Mr.
I)e la Ivey, (ien. Fit/pat rick, Sir -I. P.
Greene, Col. Hert/op;, (ien.
Hyslop, Mr. Hull, Mr.
Moor, Mr. Ja^-er, Mr.
Morcoin, Mr. Jameson, Dr.
Smvtlie, Mi. Lindsay, Mr.
Maasdorp, Mi-.
Malan, Mr.
" NOES." 24. Merrirnan, Mr.
Saner, Mr.
Beck, Dr. Smart! . Dr.
Botha, (ien. Smuts, Gen.
Urowne, Mr. Stanford, Col.
Burner, (ien. Stevn, Mr.
DC Villiers, Sir J. II. Vaii Heerden, Mi-.
De AVet, Gen. Walton, Mr.
The amendment accordingly negatived.
(ten. /i</fl/>i moved: To omit all th<1 words alter " passed
bv " and substitute " both Houses of Parliament sitting1 to-
g-el her and a])proved of bv two-thirds of the total number of
Members of both Houses."
After discussion,
Tin-- amendment was put and agreed to.
Motion, as amended, put and agreed to. a< follow-: —
The Parliament may, by law, prescribe the qualifications
which shall be nece<^arv to entitle person- to vote i'or the
election of Members of the House of Assembly, but no such
law shall disqualify any pei'sons in the Province of the C'ape
of Good Hope bv reason of their race or colour onlv, miles*
such law be pa>M>d by both Hou>es of Parliament sitting to-
jjether. and a]>proved of bv two-thirds of the total numhei
of ^Members of both Houses.
n
fif> SOUTH AFRICAN NATIONAL CONVENTION, 1908 — '09.
8. iVr. Fi sclicr moved Resolution No. (2) of the Commit-
tee's Second Report, viz. : Until such a law shall be passed
the qualifications as existing in the several Colonies at the
establishment of the Union shall be the qualifications neces-
sary to entitle persons in the respective Provinces to vote for
the election of Members of the House of Assembly.
Agreed to.
9. Mr. Fi xclicr moved Resolution No. (3) of the Commit-
tee's Second Report, viz. : :' No person wlio, prior to the
passing of any such law, shall be registered as a voter in any
Province shall be removed from the register bv reason only
of any disqualification based on race or colour.
Agreed to.
10. Mr. Fi xeltcr moved Resolution No. II of the Com-
mittee's First Report, viz. : Only persons of European
descent shall be eligible as Members of either House of
Parliament.
Agreed to.
1.1. Gen. Botha moved, as an unopposed motion: That the
"Resolution as to adjournment, adopted on the 30th October,
" That at its rising on Wednesday, the 4th November, the
Convention adjourn until Tuesday, the 10th November,"
5>c rescinded, and that the Convention proceed with its work
at Durban until not later than Wednesday, the llth instant,
nnd thereafter resume its sittings in Cape Town.
After discussion,
The motion was put and unanimously agreed to.
Business suspended at half-past twelve o'clock p.m.
Half-past three o'clock p.m.
Business resumed.
12. On the motion of the President,
The Convention proceeded to consider the Report of the
Committee on constitution of the Asseniblv [pages 57-58].
Resolution No. 1 put, as follows:
Immediately on the passing of the Constitution Act, a
Commission shall be appointed by the Government of each
Colony, consisting of a Judge of the Supreme Court of such
Colon v and t\vo other Members. Such Commission shall
ereupon proceed to divide the respective Colonies into elec-
ureas for the first elections to be held under the said
vY (r cor ye Farmr moved, as an amendment : For the pur-
po-e of carrying out the delimitation of electoral areas in
each Province the Governor-Geiieral-in-Council shall appoint
lioin time to time a Commission consisting of three Judges
oi the Supreme Court or any High Court of the Provinces of
South Africa. The Commission may appoint officers in any
Province to assist them in obtaining any necessary informa-
tion and may al-o appoint persons to sit with the Commission
MINUTES OF PROCEEDINGS. 67
or with individual members of it as assessors for the purpose
of enquiring1 into questions arising in any Province. But all
delimitations of electoral divisions shall be made by the Com-
mission and signed by them or any two of them.
Mr. Jagtjcr moved, as an amendment to the above: To add
" Provided that in the case of the first delimitation Commis-
sion the members shall be appointed jointly by the Governors
in-Council of the Colonies of the Union."
Mr. Mdhin moved, as a further amendment to Sir George
Farrar's amendment: To omit "General," and after "Coun-
cil" to insert "in each Colony"; and to omit "from time
to time."
N/> L'ercy F/t~/)(i1rick moved, as a further amendment to
Sir George Farrar's amendment : To omit all the words down
to " South Africa," and substitute "Between the time of the
passing of the Constitution Act and the taking effect of the
l"n ion a joint Commission consisting of four Judges of the
Supreme or High Courts of the constituent Colonies, to be
agreed upon by the Governments of the Colonies, shall be
appointed by the Governor-in-Council of each Colony for the
purpose of the first delimitation thereof," and at the end to
omit " two " and substitute " three."
After discussion,
The last amendment was put and agreed to.
The amendment proposed by Sir George Farrar as amended
was then put as the main question, and agreed to, as follows :
Between the time of the passing of the Constitution Act
and the taking effect of the Union a joint Commission, con-
sisting of four Judges of the Supreme or High Courts of the
constituent Colonies, to be agreed upon by the Governments
of the Colonies, shall be appointed by the Governor-in-Coun-
cil of each Colony for the purpose of the first delimitation
thereof. The Commission may appoint officers in any Pro-
vince to assist them in obtaining any necessary information,
and may also appoint persons to sit with the Commission or
with individual members of it as assessors for the purpose of
enquiring into questions arising in any Province. But all
delimitations of electoral divisions shall be made by the Com-
mission and signed by them, or any three of them.
The original resolution of the Committee and the amend-
ments proposed by Mr. Jagger and Mr. Malan accordingly
dropped.
"Resolution Xo. 2 [page 08] put and agreed to.
Resolution Xo. -\ put, as follows: The number of Members
to be elected in each electoral division shall lie three or more,
unless the Commissioners decide in favour of a smaller num-
ber in special cases of sparsely populated areas.
Mr. Broicne moved: To add, "or for exceptional circum-
stances."
After discussion,
This amendment was put and negatived.
Mr. Jagger moved : To omit " or more."
D 2
<68 SOUTH AFRICAN NATIONAL CONVENTION, 1908 — '09.
A tier discussion,
With leave of the Convention,
This amendment was withdrawn.
The resolution was then put and agreed to.
Resolution Xo. 4 put, as follows:
In every fourth year after the establishment of the Union the
Governor-General-in-Council shall appoint one or more Com-
missions, each of which to be presided over by a Judge of the
Supreme or High Court of a Province, to carry out any re-
distribution which may have become necessary as between the
different electoral divisions in each Province and to provide
lor re-adjustment of any additional Members to which such
Province may have become entitled under the provisions of
the Constitution. In carrying out such redistribution and
re-adjustment the Commissioners shall proceed upon the same
principles as in the original distribution and re-adjustment.
,Vr (jcnrye Farrtir moved: To omit from ''one or more"
to " of a Province " and substitute " a Commission consisting
of three Judges of any of the Superior Courts of the Union ";
after " Commissioners shall " to insert " have the same
powers and "; to omit " distribution " and substitute '' deli-
mitation ": and to add at the end '' but the signature of two
only shall be sufficient."
Mr. M<il(tn moved : To omit '' In every fourth year after
the establishment of the Union,'' and substitute "As soon as
may be after every quinquennial census."
After discussion.
These amendments were put and agreed to.
.Resolution, as amended, put and agreed to, as follows:
As soon as may be after every quinquennial census the
Governor-General-in-Council shall appoint a Commission con-
sisting of three Judges of any of the superior Courts of the
L" 11 ion, to carry out any re-distribution which may have be-
come necessary as between the different electoral divisions in
each Province, and to provide for re-adjustment of any addi-
tional Members to which such Province may have become
entitled under the provisions of the Constitution. In carry-
ing out such redistribution and re-adjustment the Commis-
sioners -hall have the same powers and proceed upon the same
principles as in the original delimitation and re-adjustment,
lint the signature of two onlv shall be sufficient.
Resolution Xo. ") [page 08] imt and agreed to.
I-'!. Mr. Mtiltin moved: That the adjourned debate on the
motion tor consideration of proposals for administration of
|U-ti'-e be set down for to-morrow.
Agreed to.
II. (in the motion of Mr. Saner, the Convention adjourned
• it I \\eniv minute- to -ix o'clock p.m.
MINUTES OF PROCEEDINGS. 09
DTK HAN, Tlinr.«(Jfiij, 5xir AWwfrr/-, /WAS'.
Half-past nine o'clock a.m.
1. All the members were present, except Sir Lewis Michell.
2. Adjourned debate on motion by Gen. Smuts on Elec-
toral Laws [ page 48] resumed.
The President stated that when this debate was adjourned
on Tuesday, t he amendment proposed by Mr. Merriman and
all of the original motion except sub-section (b) had been
withdrawn [page (J0|, and the question now before the Con-
vention was therefore:
Residence in South Africa for three years previous to regis-
tration shall be necessary;
I pon which an amendment had been moved by the Presi-
dent : To omit " in South Africa " and substitute " within
the I nion "; to omit " previous to registration "; and to add
at the end, " for the purpose of being registered as a voter."
Debate resumed.
Sir Percy Fitznnii-iek moved, as a further amendment : To
omit " three years " and substitute " one year."
After discussion,
With leave of the Convention,
The original motion and the amendments were withdrawn.
•3. Adjourned debate on motion by Gen. Smuts on Qualifica-
tions of Members of the House of Assembly [page 49],
resumed.
TJie President stated that when this debate was adjourned
on Tuesday, the question before the Convention was the fol-
lowing :
The qualifications of a Member of the House of Assembly
shall be as follows : —
He must be :
(1) Qualified to be registered for the election of Members
of the House of Assembly in one of the electoral divisions of
the Union ;
("2) .Resident within the I nion for not less than three years;
I j)on which an amendment had been moved by Gen. Hertxog,
vi/. :
To add :
" (3) Of European descent."
Debate resumed.
\\ ith leave of the Convention.
The amendment proposed by Gen. Hertzog was amended by
the insertion of " British subject " at the beginning.
Mr. Lindsay moved: .In sub-section (2) to omit "three"
and substitute " five.'"
Agreed to.
Gen. Htrt~t></ moved: After "within" to insert "any
Province of," in sub-section (2V
Agreed to :
Motion, as amended, put and agreed to, as follows:
70 Sorrn AFRICAN NATIONAL CONVENTION, 1908 — '09.
Tho qualifications of a Member of the House of Assembly
shall be as follows :
Ho must be :
(lj (Qualified to bo registered for the election of Members of
the House of Assembly in one of the electoral divisions of the
Union :
("2) Resident within any Province of the Union for not less
than five years;
(•j) British subject of European descent.
4. Adjourned debate on motion for consideration of pro-
polis 1)V President for the Administration of Justice
resumed.
The 1'rexident- stated that when this debate was adjourned
yesterdav, the question before the Convention was that jthe
Convention proceed to the consideration of the Motions Xos.
1 to 12 [pages 62-63], and further stated that an amendment
l>v Gen. "Smuts [page 63] to refer these proposals to a Commit-
tee had been negatived.
Debate resumed.
After discussion,
The motion was put and agreed to.
Motion No. 1 [page 62] put, as follows: —
There shall be a Supreme Court of South Africa consisting
of a Chief Justice, two ordinary .Judges, the Chief Justices of
the >everal Provinces forming part of the Union, and the
Judge-President of the Eastern Districts Court.
Discussion ensued.
Business suspended at eleven o'clock a.m.
Ten 'inmviex past eleven o'clock a.m.
Business resumed.
Minutes of previous meeting, after being amended in
one point, were confirmed.
<i. Debate on Motion Xo. 1 [printed above] by tHe Presi-
<ii'iit on Administration of Justice continued.
*!'//. >///^/x moved: To insert " and " after "ordinary
Judges," and to omit all the words after "Union/'
,S//- O'coi-f/e Fan-fir moved : That the proposals by the Presi-
dcii' relating to the administration of justice be referred to
a Committee consisting of the President and two Members to
l-*c nominated by each of the Prime Ministers and one by the
Administrator of Rhodesia.
A her discussion,
'1;;- motion was put and agreed to.
The following Members were then nominated, viz.: — Cape
<,f (,'nrjj Unpe: Mr. Merriman and Mr. Saner; Natal: Col.
(ironic and Mr. Morcom : Trantvaal'. Gen. Smuts and Mr.
LintUay: (h-anr/c Kircr Colony: Mr. Fischer and Geu.
Heiizog: Itliodcsia : Mr. Coghlan.
Bu-ine-- suspended at half-}>ast twelve o'clock p.m.
MINUTES OF PROCEEDINGS. 71
Half-past three o'clock />.nt.
Business resumed.
7. Col. Greene, moved: That the Convention at its rising
•to-day adjourn until Monday, the i£5rd instant, at 10 o'clock
a.ni.
Agreed to.
S. Tin' I'retiih'iil stated thai for the ])urposes of tlie meet-
ings of the Convention at Cape Town he had arranged with
the Speaker of the House of Assembly, so that both the Coun-
cil and Assembly buildings would be available for the sit-
ting-, and that the Convention would meet in the Council
Chamber on the day and at the hour already determined
upon.
!). Mr. Merri mini moved : This Convention desires to ex-
press its most cordial thanks to the Government of Xatal for
the very complete and adequate arrangements made by them
for the due conduct of the business of the Convention and the
individual comfort of its members and staff during the
period of the Durban Session.
Agreed to.
Mr. Moor, in thanking the Convention for the resolution
which had just been agreed to, intimated the great pleasure
Avhich it had given his Government to welcome the Delegates
to Xatal, and expressed the hope that when the labours of
the Convention had been successfully concluded, Xatal might
again have an opportunity of entertaining them.
Gen. JJotha moved: This Convention, in concluding it- sit-
ting in Durban, has pleasure in placing on record n sen-e -if
its great obligations to His Worship the Mayor and the Tov.n
Council of that town for the courtesv shown to the Conven-
tion by the Municipality in many ways, and particularly by
placing the Council Chamber and a large portion of the Town
Hall at the disposal of the Convention, to the seriou- incnn-
venience of the Town Council.
Agreed to.
II. Gcti. Botha moved: That the President be leniiol
cable to His Majesty the Kinjj1 the respectful contra ; ula
of the Convention upon the anniversary of Hi- Maje-*y'
birthday on Monday.
Agreed to.
1"2. Col. Grceiie. moved: That during1 the interval in 'he
sittings of the Convention, all the papers, with the f\ cap-
tion of the paper containing the Resolutions a'readv ayre^!
to. be in the custody of the Chief Serretarv.
Ayreed to.
!•'!. ( )n the motion of Mr. Merriman, the Convention ;id_
journed at ten minute- t<> fniir o'clock p.m. until M'ind:»v,
the ',!•'> rd instant, at 10 o'clock a.m., in the Hou-e- nf !':•]•-
liament. ( 'a])e Town.
SOITII A KIM CAN NATIONAL CONVENTION, 1908 — '00.
CAPE TOWN,
Ten o'clock a.m.
1. The Delegates assembled in the Legislative Council
Chain her. Houses of Parliament, Cape Town, in accordance
with the adjournment on the 5th instant from Durban.
2. All the members were present, except Sir William Mil-
ton, Gen. Do la .Key and Mr. Coghlan.
3. Mr. Men-: mtui , on behalf of the Government of the
Cape of Good Hope, and of the inhabitants of the
Cape Peninsula generally, extended a welcome to ihe
Delegates upon their meeting in the City of Cape
Town, and expressed the hope that their stay in the
oldest sile of civilization in South Africa would be both
pleasant and profitable.
4. Mr. \\'(il1ou moved: That until otherwise decided the
sittings of the Convention be held daily from 9.30 a.m. to 1.30
p.m .
.I//'. Jiujijcr moved, as an amendment: That the sittings be
held from .10 a.m. to 1 p.m., and from 2.30 p.m. to 4.30 p.m.*
After discussion,
With leave of the Convention,
The amendment proposed by Mr. -Tagger was withdrawn.
.)/>. l<'ixch.ei' moved : That until otherwise decided the sit-
tings of the Convention be held daily from 10 a.m. to 1 p.m.
and from 2 p.m. to 4 p.m.
v'pon which the Convention divided:
'• AYES," 14. " NOES," i~>.
Browne, Mr. Lee!:, Dr.
DC Villiers, Sir J. H. Botha, Gen.
De Wet, Gen. Burger, Gen.
Fischer, Mr. Farrar, Sir G. H.
llert/.og, dlen. Fit/patrick, Sir •! . P-
• I au'U'er, Mr. Greene, Col.
Jameson, i)r. lEull, Mr.
Malan, Mr. Hyslop, Mr.
Merriman, Air. Lindsay, Mr.
Morcom, .Mr. Maasdorp, Mr.
Sauer, Mr. Moor, Mr.
Smarti, Di\ Smuts, Gen.
Steyu, ^Jr. Sniythe, Mr.
\ an lieevden, M;1. Stanford, Col.
Walton, Mr.
'1 in' amendment accordingly negatived.
I lie nidi inn proposed by Mr. Walton was then put and
• ). l)r. l>i r/ moved: That the Convention suspend business
Ks OF PROCEEDINGS. 7. '5
•daily at ch-vcn o'clock a.m., and resume at a quarter-past
•eleven o'clock.
Agreed to.
Ii. Tin- I' rc.<nlinl stated that, in accordance with the reso-
lution adopted on the ~)th instant | page 71], lie had re-
(|iiesied II is Kxcellencv the High Commissioner to transmit
by telegram to Hi- Maje>ty the Kino- the respectful eon^rat il-
lations of the Convention on the occasion of His Majesty's
liirthday, and read a letter which he iiad received from Lord
Selborne, dated the 9th insiant, intimating that this has been
done.
I In' I* resident then read a communication from Lord Sel-
lionie, dated the 10th instant, in which His Excellency stated
that he had received a telegram from II is Majesty the King,
command ing him to conxey his sincere thanks to the Presi-
dent and the Members of the Convention for their con-
tra t ulat ions.
7. The L'rcsidcni read and put in:
ii) Congrat ulatorv telegram, dated the 'J-'Jrd instant, from
the Hon. Pi'esident of tiie Naturalization lleform A-soci-
at ion , ( 'a pe Town ;
(ii) Letter from the \\vnberg Coloured Men's Political
Organization, \Vynberg, dated November, I!M)S, on the sub-
ject of the grant of equal rights for the Coloured Races:
fiiii Petition from l,!)!H .Natives resident in the Tran.-vaal,
praying ior the consideration of their claims to be granted re-
presentation in the Parliament of a 1/nited South Africa.
S. Mr. Mcrriin<in moved: That a Committee, consisting of
the President and the Prime Ministers of the several Colonies,
be appointed to arrange the daily order list and notice paper
with a view to the consideration of questions in sequence of
subject, irrespective of precedence.
Areed to.
Provincial Council;
: ii) is an undischarged bankrupt or insolvent: or
lit!) holds anv oiliee of profit under the Crown, or
pension pavable during the pleasure of the Ci-own out of
of t lie revenues oi t he I n ion , or
(iv ; has anv direct or indirect peciiniarv interest in
agreement with the Publi'- Service of the 1'nion. otherwise
than as a member and in common with other member- of an
incorporated company con-i-ting of more than twentv-five
persons and provided he i- not a director of -udi companv;
ivi is attainted of treason, or has been convicted and is
under -enteiice. or subject to be sentenced for anv offence1
punishable under the laws of the L'nion or of a "Province bv
imprisonment for one year or longer:
shall he incapable of being chosen or of .-ittinn1 as a Senator
•or a Member of the Hou-e of A--emblv.
Hut subjection (•'! doe- not apply to the office of anv Min-
74 SOITII AFRICAN NATIONAL CONVENTION, 1908 — '09.
i>ter of Stale for the Cnion, or to the receipt of pay, half--
p;;v, or a pension by any person as an officer or member of tlie-
the Kind's Xavy or Army, or to the receipt of any pay as an
offircr or member of the Military or Xaval Forces of the
1 " ii ion.
.!/;•. Ilnnrnc moved, as an amendment: To omit the words
' nr any pension payable during the pleasure of the Crown
en! of any of the revenues of the Union," and to substitute
•lie words " other than that of a Minister as defined in Reso-
lution 7 [page 1(J |, or that of a Member of any temporary Com-
n>i--ion appointed by the Governor-General-in-Council. The re-
ccipi of a pension from the Crown or by an officer of the Xaval
o! Military Forces, if retired on half-pay, shall not be deemed
TO l'e IK.'] ding1 an office of profit under the Crown " ; to add a
n:-\ -lib-section (6): " Shall become of unsound mind "; and
TI; omit the last paragraph from "But " to " Union."
'//•. H. nU moved, as a further amendment :
!. Xo iierson shall be capable of being chosen or of sitting
,i- .-• Senator or a Member of the House of Assembly who:
i is a Member of any Provincial Council ;
'ii' i- under any acknowledgment of allegiance, obedience,
iii' adherence to a Foreign Power, or is a subject or a ciiizen
'•.;• eiitiued to the rights or privileges of a subject or a citizen
of .1 Foreign Power; or
i nil has been at any time convicted of anv offence and sen-
;<",!•<•([ to imprisonment for not less than six months without
the * 'lit ion of a fine, which imprisonment shall not have ex-
pired at least three years before the date of his election; or
.ivi i- an unreliabilitatecl insolvent, or whose estate i--- in
ii'i'.'iilation tinder assignment in trust for his creditor.-: or
v ha- been declared a person of unsound mind by a com-
petent court : or
vi , holds any office of profit under the Crown within the
I 'nion.
\\'\\ this sub-section does not apply to the office of anv of
the Ministers of State for the Union, or to any person in re-
eeipt of a. pension from the Crown, or to an officer or membei
ii- Majesty's Xaval or Military Forces on retired or halt-
, or to any pei>.on who is temporarily or not wholly iu td'?
iovment of the Union.
i. It a Senator or Member of the House of As>emblv :
rt'ecomes subject to any of the disabilities mentioned in
ia>t jireceding section : or
cejtses to hold any qualifications recognized hv law: oj-
-hall fail tor a whole ordinarv annual Se.-^ion lo
tlie Senaie or the Jlou-^e of Assemblv;
;n-e -ha!! thereupon ber-onu1 vacant.
1 i •» i • i ; - - 1 o 1 1 ,
ica ve ol t iiO C'< invent ion ,
iginal motion, and the amendnuMit propped by Mi\
were witlidrawn in favour of the amendment bv Mr.
MINUTES OF PROCEEDINGS.
Hull, and it was resolved to take the sections and sub-sections
seriatim.
Sub-section (i) of Section T. [page 74] put and agreed to.
Sub-section fii) of Section I. [page 74] put, and, after dis-
cussion, with leave of the Convention, withdrawn.
Suli-sect ion (iii) of Section I. [page 74] put.
Mr. Fischer moved, as an amendment: "Has been at any
time convicted of treason, murder, or any infamous crime and
sentenced to imprisonment without the option of a fine, unless
lie shall have received a free pardon, or unless such im-
prisonment shall have expired at least five years before the
date of his election."
Ih-. /feck moved, as a further amendment: "has been con-
victed of any infamous crime-, or within tive years preceding
elect ion, of treason."
Citf. Greene moved: That the question now under con-i-
deration be referred to a Committee consisting of four njem-
liers, one to be nominated by each Prime Minister.
After discussion,
With leave of the Convention,
The amendment proposed by Col. Greene was withdraw]!.
The amendment proposed by Dr. Beck was then put and
.negatived.
The amendment proposed by Mr. Fischer put, and the Con-
vention divided :
"AYES," 21. Saner, Mr.
Smuts, Gen.
lloiha, Gen. Stanford, Col.
lirownc, Mr. Steyn, Mr.
De Villiers, Sir J. IT. Van Heerdeu, Mr.
l)e Wet, Gen.
Fairar, Sir G. H.
Fischer, Mr. " XOES," 8.
Fitzpatrick, Sir J. P.
"Hertzog, Gen. Beck, Dr.
Hull, Mr. Burger, Gen.
•Tagger, Mr. Greene, Col.
•I a meson, Dr. Hyslop, Mr.
Lindsay, Mr. Moor, Mi'.
Maasdorp, Mr. Smartt, Dr.
'.Via Inn, Mr. Smythe, Mr.
Merriman, Mr. Walton, Mr.
Mill-corn, Mr.
The amendment accordingly agreed to.
Sub-section, as amended, put and agreed to,
Sub-section (iv) of Section T. [page 74] put.
.]//-. \\'trJfnn moved : To omit all the words after
:: insolvent.'"
After discussion,
7(> Sot'Tii AFIUCAX NATIONAL CONVENTION, 1908 — '09.
This amendment was put, and the Convention divided :
"AYES," lf>. " NOES," 14.
JJeck, Dr. Botha, Gen.
lirowne, Mr. .Burger, Gen.
Do Wet, (Ten. De Villiors, Sir .1. H.
Eischer, Mr. Earrar, Sir G. H.
Greene, Col. Fitzpatrick, Sir J. 1*.
llert/og, Gen. Hull, Mr.
Jameson, Dr. Hyslop, Mr.
Lindsay, Mr. J agger, Mr.
Maasdorp, Mr. Moor, Mr.
Malau, Mr. Moreom, Mr.
Merrinian, Mr. Smuts, Gen.
Sauer, Mr. Smythe, Mr.
Smartt, Dr. Stanford, Col.
Yun Heerden, Mr. Steyn, Mr.
Walton, Mr.
The amendment accordingly agreed to.
Sub-section, as amended, put and agreed to.
Suit-section (v) of Sectionl. [page 74] put and agreed to.
Sub-section (vi) of Section I. [page 74] put.
Col. Greene moved : To insert after " Union " the words
" other than a ]>olitical office.'' and to omit all the words
after " half-pay."
Gen. X >/i at* moved: To omit all the words from " tem-
porary " to the end, and to substitute " appointed to serve
on any Government or Parliamentary Commission."
Mr. Merriman moved : That the following be a new pro-
viso:— 'The disqualifications enumerated in this sub-section
shall not include the holding of the office of any of the Min-
isters of the Crown, the Parliamentary Officers of the House,
or any persons who may from time to time be specially ex-
cepted by Act of Parliament."
After discussion,
Mr. \ (in Heerden moved : The adjournment of the debate,
which was put and negatived.
The amendment proposed by Mr. Merrinian put and
negatived.
Col. Greene then moved: That this sub-section, and the
amendments thereon, together with section IT. [pages 74-75]
p?-oposed by Mr. Hull relating to the creation of vacancies, be
referred lo a Committee of four members, one to be nominated
by each Prime M mister.
Agreed to.
'The members were then nominated as follows: — ('ape of
Guild Tlo/ie, Mr. Sauer: Xntal, Mr. Morconi ; Transvaal, Mr.
Hull and On/nt/e Hirer Colony, Gen. Hertzog : Mr. Hull to be
c(in vener.
Mr. Hull gave mil ice of further proposals,* and moved that
they be referred to the Committee.
Agreed to.
v: \o record of thcst- proposal* is available, but the recommendations of the
C'ommitti-i- tlit-ivon will be found on patje Si'. G.ll.H.
MlM 1T.S OF PlUM I.i:i)l.\(.S. "'
Mr. Jagger moved: Thai sr.b-xect ion (4) of the motion
withdraw n by him [page 7-T; be also referred to the
Committee.
Agreed to.
Mr. Hull's proposals, so far as agreed 1o, were then read,
I. No person shall lie capable of being chosen or of silling1
as a Senator or a Member of the House of Assembly who
(i) is a member of any 1'roviiicial Council;
(ii) has been ai any time convicted of treason, murder, or
any infamous crime and sentenced to imprisonment without
Hie option of a fine, unless he shall have received a free par-
don, or unless such imprisonment shall have expired at least
five years before the date of his election;
(iih is an unrehabil itated insolvent:
(iv) has been declared a person of unsound mind by a com-
petent Court.
Mr. Jaij <]<T moved : There shall be a Session of Parliament
once at lea^t in everv year, so that a period of twelve months
shall not intervene between the last sitting of Parliament in
one Session and the next sitting- thereof iu the next Session.
Agreed to.
10. Mr. Walton moved: That the Order List and Xoi ice-
Paper be circulated amongst delegates as soon as possible
after the conclusion of each dav's proceedings.
Agreed to.
II. The President read and put in a telegram of congratu-
lation from the Chairman of the Afrikander Bond at Molteno.
I'-J. On the motion of Mr. Merriman, the Convention
adjourned at ten minutes past one o'clock p.m.
CAP]-] TOWN, Tuesday, 2-h'ii X Member,
Hal f- pant nine o clock a.m.
1. All the members were present, except Sir William
Milton, CTCU. de la Kev, and Mr. Coglilan.
2. Mr. Moor moved, as an unopposed motion : That the
order of yesterday regulating the sittings of the Convention
be rescinded, and that the sitting^ be held from 10 a.m. to 1
p.m. and from 2 to 4 p.m.
After discussion,
The motion was put and agreed to.
;>>. Minutes of the meeting of the otli instant confirmed.
4. Adjourned debate on motion by Mr. Moor on Powers of
Provincial Legislatures [page 01] resinned.
The ['resident stated that when this debate1 was adjourned
on the -'!rd instant, the question before the Convention wa> :
The Legislature of any Province may make laws in relation
to matters coming within the classes of subjects hereinafter
enumerated, that is to say: —
(i) The amendment from time to time, notwithstanding anv-
thing in this Act, of the ( 'oust it ut ion of the Province except
as regards the office of Governor.
78 SOLTII AFRICAN NATIONAL CONVENTION, 1908 — '09.
I//-. Merriman moved, as an amendment :
It shall be lawful for the Administrator of each Province,
with the advice and consent of the Provincial Council thereof,
to exercise such powers of legislation or administration as
shall be delegated or entrusted to him by the Parliament,
and unless and until Parliament otherwise provides, such
Provincial Council may make laws or ordinances in relation
to matters coming within the following classes, that is to
say : —
and also to omit sub-section (i) of the original motion.
Gen. Hertzog moved, as an amendment to Mr. Merriman's
amendment: Before "the Parliament" to insert "this Act
or by."
The President moved, as a further amendment to Mr. Mer-
riman's amendment: To insert before " shall be" the words
"are specifically reserved by this Act or"; to omit "or
entrusted to him"; to omit "Provincial Council" and sub-
stitute " Administrator, with the advice and consent afore-
said "; and to omit " laws or."
After discussion,
With leave of the Convention,
The amendment proposed by Gen. Hertzog was withdrawn.
After discussion,
The original preamble was put and negatived, and the
amendment proposed by Mr. Merriman thus became the main
question.
Business suspended at five minutes past eleven o'clock a.m.
Twenty minutes past eleven o'clock a.m.
Business resumed.
•3. Minutes of previous meeting confirmed.
(>. Debate on Mr. Merriman's motion on Powers of Provin-
cial Legislatures [printed above] continued.
Mr. Hyslop moved: To omit " unless and until Parliament
otherwise provides."
(' nl . Stanford moved: After "matters" to insert "hereby
reserved to it and."
Gen. S//i/t1.-< moved: To omit "otherwise provides" and
substitute "exercises such powers of delegation."
\\ ith leave of the Convention,
The amendment proposed by Mr. Hyslop was withdrawn.
Mr. Hull moved: Subject to the provisions of this Act the
Administrator, with the advice and consent of the Provincial
Council, may make ordinances in relation to matters coming
within the following classes of subjects, that is to say:
A ! i cr discussion ,
'! he amendment proposed by Mr. Hull was put and agreed
to, aiid ihe motion proposed by Mr. Merriman, and the
amendments thereon, dropped.
'I lie President then put sub-section (i), as proposed by Mr.
Moor [page (ilj, winch, after discussion, was negatived.
MINUTES or PROCEEDINGS. 79-
Mr. Moor moved, as a sub-section to follow the preamble
just agreed to :
(i) Direct taxation within the Province in order to the
raising of a revenue for Provincial purposes.
Mr. Mcrri until moved : Direct taxation within the Pro-
vince in order to the raising of the revenue for Provincial
purposes.
(i'e/t. llcrtzotj moved, as an amendment to the original
motion: After "raising" to insert "for Provincial pur-
poses "; to omit " a " before " revenue "; to omit " for Pro-
vincial purposes"; and to add at the end " not otherwise pro-
vided by this Act or by Parliament."
Business suspended at one o'clock p.m.
I iro o'clock ij.'tn.
Business resumed.
(Jen. Hert/og's amendment put and negatived.
The original motion put and agreed to, and the amend-
ment proposed by Mr. Merriman accordingly dropped.
Mr. Mour moved :
(ii) The borrowing of money on the sole credit of the
Province.
Mr. Mcrriinan moved : To add " with the consent of the
Governor-General-in-Council, subject to regulations to be
framed by the Parliament."
Mr. \YaUon moved : To omit " on the sole credit of the
Province"; and to add at the end "with the consent and
through the medium of the Governor-General-in-Council."
>S'/r Geortjc Fdrrnr moved: To add " with the consent of
the Governor-General-in-Council and in accordance with re-
gulations to be framed by Parliament."
Mr. Jiitjt/ci' moved: To add '' provided always that in re-
spect of each loan there shall be required a sinking fund
making provision for the redemption of the loan in not less
than twenty-five years."
After discussion,
The amendment proposed by Mr. Walton put, and the
Convention, divided :
>; AYES," 5. Hull, Mr.
Beck, Dr. Hyslop, Mr.
De Wet, Gen. Tagger, Mr.
Fischer, Mr.
Maasdorp, Mr.
Walton, 'Mr.
Merriman, Mr.
'' \OFS " °4 Moor, Mr.
Morcom, Mr.
Botha, den. S-iuer Mr
Browne, Mr. Smart't.~I)r.
Burger, Gen. Smuts, Gen
Do Villiers, Sir J. H. Smythe, Mr.
Farrar, Sir G. H. Stanford, Col.
Fitzpatriek, Sir J. P. Stevn Mr
Greene, Col. Vau He^Jen, ^
Hert/oo', Gen.
so SOITII A FIU (AN NATIONAL CONVKNTION, 1908 — '09.
The amendment accordingly negatived.
\Yiih leave ot the Convention,
The amendment proposed by Mr. Merriman was with-
drawn.
The amendment proposed by Sir George Farrar put and
agreed to.
The amendment proposed by Mr. Jagger put and negatived.
Motion, as amended put and agreed to, viz.: —
lii) The borrowing of money on the sole credit of the Pro-
vince with the consent of the Governor-General-in-Council
and in accordance with regulations to be framed by Parlia-
ment.
Mr. Mui-ci'in moved :
'iii) The establishment and tenure of Provincial offices and
i lie appointment and payment of Provincial officers.
Mr. Jfe >•>•/' man moved, as an amendment: To add "subject
to the provisions of any law passed by Parliament regulating
the conditions of appointment, tenure of office, retirement
and superannuation of Provincial public officers.'''
Agreed to.
Motion, as amended, put and agreed to, viz.: —
* (iii) the establishment and tenure of Provincial offices and
the appointment and payment of Provincial officers, subject
to the provisions of any law passed by Parliament regulating
the conditions of appointment, tenure of office, retirement and
superannuation of Provincial public officers.
Mr. Morcoin moved :
(iv) The management and sale of the public lands belong-
ing to the Province, and of the timber and wood thereon, and
.'he right to expropriate land for public purposes.
After discussion,
The motion M-as put, and the Convention divided:
•'AYES, "5. Fitzpatrick, Sir J. P.
Greene, Col. JJ('7;!/0S' Geu-
Hyslop, Mr. Hllll> Mr-
Moor, Mr. Jagger, Mr.
Morcom. Mr. Jameson, Dr.
Smvthe, Mr. Lindsay, Mr.
ALaasdorp, Mr.
« \<H<X " •>> Ma la P., Mr.
-> » ' i j o, p~"J- -«r • -.,
ALerriman, Mr.
Be.-k, Dr. Saner, Mr.
But ha. G(>n. Smartt, Dr.
Browne, Mr. Smuts, Gen.
Burger, Gen. Stanford. Col.
De Yiliiers, Sir J. IT. Steyn, Mr.
Farrar, Sir G. II. Van Heerden, Mr.
( Fischer, Mr. Walton, Mr.
The motion accordingly negatived.
Mr. Mnrcoin moved :
* This sub- section was subsequently omitted see page 110. G.R.H.
MiNL'TKS OF PltOCKKUlNCJS.
(v) The establishment, maintenance, and management of
•gaols, and hospitals in and for the use of the Province.
Mr. M> n ilium moved, as an amendment :
(v) The establishment, maintenance, and management of
hospitals, a-vluins and charitable institutions.
Mr. ./iit/i/cr moved, as an amendment to the last amend-
ment : To omit " asyl urns.
After discussion,
The original motion put and negatived, and Mr. Merri-
man's amendment thus became the main question.
The amendment proposed by Mr. -I agger put and agreed to.
Motion, as amended, put and agreed to, viz. :
(v) The establishment, maintenance and management of
hospitals and charitable' institutions.
Mr. Morcum moved :
(vi) Municipal institutions in the Provinces until the Par-
liament of the L'nion otherwise decides.
/>r. S/iKirtt moved, as an amendment : To omit all the
words after "institutions" and to substitute "divisional
councils and other local institutions of a similar nature."
A r'ter discussion.
This amendment was put and agreed to.
Motion, as amended, put and agreed to, viz. :
ivi) Municipal institutions, divisional councils and other
local institutions of a similar nature.
7. (Mi the motion of Mr. Merriman, the Convention ad-
journed at ten minute's to four o'clock p.m.
CAl'K TOWN, \\'cil iictdou, -2-yni Xoi-cmljcr, 1JJOS.
Ten o'clock n. in .
1. All the members were present, except Sir AVilliam
Milton, (ien. de la Rev and Mr. Coghlan.
'2. Mr. Winter, as Chairman, brought up the 1'eport of the
Committee a])pointed by resolution of the Convention, dated
the ~:!rd instant (page 7(J I on qualification, pavment and
privileges of members of Parliament as follows :
I. That Section I., sub-section (vi), now (v), of Mr. Hull'-
amendments page 7-1 j read as follows: —
iv) llold> any office of profit under the Crown within the
I" nion .
lint this sub-section does not apply to the office of anv of
the Ministers of State for the I" nion, or to anv per-on in
receipt of a pension from the Crown, or to an officer or mem-
ber of Hi- Majesty's Naval or Military Forces on retired or
half-pay, or to anv person who mav from time to time be
specially exempted by Act of Parliament or bv authority of
the House of Assembly.
II. That Section II. of .Mr. Hull's amendments [page 74]
read as fol lows :
(II) If a Senator or Member of the IIousp of Assembly:
K2 SOUTH AFRICAN NATIONAL CONVENTION, 1908 — '09.
(i) Becomes subject to any of the disabilities mentioned iit
the Just preceding section; or
(ii) Ceases to hold any qualifications required by law; or
(iii) Shall be absent for thirty consecutive days or more
without special leave of the House;
his place shall thereupon become vacant.
III. That the subject matter of clause (iv) of the resolu-
tions proposed by Mr. J agger [page 7-jJ be dealt with by
Parliament.
LV. That the resolutions of which notice has been given by
Mr. Hull [page 7GJ read as follows: —
1. If any person declared by the constitution to be incap-
able of sitting- as a Senator or Member of the House of As-
sembly shall while so disqualified knowingly sit or vote as a
Member of the Senate or House of Assembly, such person
shail forfeit the sum of ±'100 to be recovered by the Treasurer
of the Union by action m any Court of competent jurisdic-
tion.
'-^. Each Senator and each Member of the House of As-
sembly shall receive an allowance of £' a year, to be
reckoned from the date oil which he takes his seat, provided
that for everv working day on which he is absent there shall
be deducted from such allowance the sum of £'-j.
A working day shall mean in respect of a Member any day
during the Session on which the House of which he is a
Member or any Committee of which he is a Member meets.
•'!. The power-, privileges and immunities of the Senate
and of the House of Assembly and of the Members of the
Committees of each House shall be such as are declared by
the P:>,iliament, and until declared shall be those of the Com-
mons House of the Parliament of the United Kingdom and
ot hs Members and Committees at the establishment of the
I nion.
4. Each House of the Parliament shall make rules and
orders with respect to the order and conduct of its business
and proceedings, either separately or jointly with the other
House.
•'I. Mr. Morcom moved, as a sub-section to follow the sub-
ycctur - a»Tyed t«» vesterdav on the Powers of Provincial
.Legislatures [pages 79-81]:
Li'-ences for trading and all other purposes in order
ai-iiiL:1 of a revenue for provincial, local or municipal
s.
i-rii'-Mon ensued.
l)i;-iii('v- suspended at eleven o'clock a.m.
Quarter-past eleven o'clock a.m.
Business re.-umed.
!. .Minuses of previous meeting confirmed.
•>• Debate on Mr. Morconi's motion on Powers of: Provin-
cial Lcgi-dat ures continued.
After discussion,
MINUTES OF PROCEEDINGS.
The motion was put, and the Convention divided:
"AYES," 5. Fit/put rick, Sir J. P.
Greene, Col. Hertzog, Gen.
Hyslop, Mr. Hull, Mr.
Moor, Mr. Jigger, Mr.
Morcom, Mr. Jameson, Dr.
Smythe, Mr. Lindsay, Mr.
Maasdorp, Mr.
'NOES," 24. Malan, Mr.
Beck, Dr. Merrirnan, Mr.
Botha, Gen. Saner, Mr.
Browne, Mr. Sinartt, Dr.
Burner, (Jen. Smuts, Gen.
DC Villiers, Sir J. II. Stanford, Col.
De Wet, Gen. Steyn, Mr.
Farrar, Sii1 G. II. Van Hecrden, Mr.
Fischer, Mr. \Valton, Mr.
Tlie motion accordingly negatived.
Mr. Morcom moved:
(viii) The sale and supply of intoxicating liquors.
After discussion,
The motion was put, and the Convention divided:
" AYES," 5. Hertzog, Gen.
Greene, Col. 1*PS™', MJ:
Hvslop, Mr. Jameson, Dr.
Moor, Mr. Lindsay, Mr.
Morcom, Mr. Maasdorp Mr.
Smythe, Mr.
" XOES," IT. *lluer' Xr-
Sinartt, Dr.
Beck, Dr. Smuts, Gen.
De Villiers, Sir J. H. Stanford, Col.
Farrar, Sir G. H. Van Heerden, Mr.
Fitzpatriek, Sir J. P. Walton, Mr.
The motion accordingly negatived.
Business suspended at one o'clock p.m.
Tiro o'clock p.m.
Business resumed.
G. The 1.' resident read and put in :
(1) Letter from the 1U. l\ev. the Bishop of Pretoria, dated
Cape Town, the ^:!rd instant, transmitting a copy of a re-
solution adopted on the 10th instant by the Pivioria Dioce-an
Svnod on the >ubject of the labour-- of the Convention, and
expressing hope for a successful issue of its work.
("2) Letter from the lit. Kev. the Bi>hop of Pretoria, dated
Cape Town, the ^-'!rd instant, transmitting a copy of a similar
resolution adopted on the ^Oth in-taut bv the Svnod of
Bishops of the Anglican Church in South Africa.
7. Discussion on powers of Provincial Legislatures con-
tinued.
S4 SOITII AKIUCAN NATIONAL CONVENTION, 1908 — '09.
Mr. Moor moved, as a sub-section to follow those already
agreed to :
(i.x) Local works and undertakings.
Mr. Mcmniiin moved: To add: —
" within the Province other than railways, harbours and
such works as extend beyond the borders of the Province, and
subject to the power of Parliament to declare any work a
national work, and to provide for its construction by arrange-
ment with Provincial Councils or otherwise."
Alter discussion,
This amendment was put and agreed to.
Motion, as amended, put and agreed to, viz. :
(ix) Local \vorks and undertaking^ within the Province
other than railways, harbours and such works as extend
beyond the borders of the Province, and subject to the power
of Parliament to declare any work a national work, and to
provide for its construction by arrangement with Provincial
Councils or otherwise.
Mr. Moor moved :
Ix) The incorporation of companies with local Provincial
objects.
After discussion,
This motion was put and negatived.
Mr. Moor moved :
(xij Property and civil rights in the Provinces.
After discussion,
This motion was put and negatived.
Mr. M.oor moved :
fxii) The administration of justice in the Province, includ-
ing the constitution, maintenance and organization of Pro-
vincial Courts, both of civil and of criminal jurisdiction, and
including procedure 111 civil matters in those Courts.
After discussion,
This motion was put and negatived.
Mr. ^fool• moved :
(xiii) Local police.
After discussion,
This motion was put, and the Convention divided :
" AYES," 4. Fitxpatrick, Sir -I. P.
f. Hertzog, Gen.
Greene, Col. JT 11 ^r
TT1 A f J J- U 1 1 , ^>± I .
rlvslop, 3Ir. T TI-
],, -I agger, Air.
Moor, Mr. T»
-.. Jameson, Dr.
Sinvl he. Mr. i • i AT
Lindsay, Mr.
.. X()KS •• oo Maasdorp, Mr.
Malan, Mr.
Beck. Dr. Merriman. MY.
Botha, (jen. Sauer, Mr.
Browne, MY. Smartt, Dr.
Burirer, Gen. Smuts, Gen.
De Villiers, Sir J. II. Stanford, Col.
De Wet. Gen. Van Ileerden, Mr.
Fischer. Mr. Walton, Mr.
MINUTES or PROCEEDINGS. H5-
Tlie motion accordingly negatived.
Mr. Moor moved :
(xiv) The imposition of punishment by fine, penalty or im-
prisonment for enforcing any law or Ordinance of the Pro-
vince made in relation to any matter coming within any of
the classes of subjects enumerated in this section.
Agreed to.
Mr. Moor moved :
(xv) The registration of titles to land.
This motion put and negatived.
Mr. Moor moved :
(xvi) Mining and forestry.
This motion put and negatived.
Mr. Moor moved :
(xvii) Generally all matters of a merely local or private
nature in the Province.
(JTCII. Snutts moved, as an amendment : After " matters " to
insert " which in the opinion of the Governor-General-in-
Council are."
Agreed to.
Motion, as amended, put and agreed to, viz. :
(xvii) Generally all matters which, in the opinion of the
Governor-General-in-Council, are of a merely local or private
nature in the Province.
Mr. Moor moved :
(xviii) Affairs of native tribes or other peoples until the
Parliament of the Union otherwise provides.
After discussion,
This motion was put, and the Convention divided :
" AYES," 4. Fitzpatrick, Sir J. P.
Hertzog, Gen.
Greene, Col.
Hyslop, Mr. Jao-o-er Mr
Moor Mr Jameson, Dr.
Smythe, Mr. Lindsay, Mr.
" VAT7Q " 90 Maasdorp, Mr.
)J>' —• Malan, Mr.
Beck, Dr. Merriman, Mr.
Botha, Gen. Saner, Mr.
Browne, Mr. Smart t. Dr.
Burger, Gen . Smuts, Gen.
De Villiers, Sir J. H. Stanford, Col.
De Wet, Gen. Van Heerden, Mr.
Fischer, Mr. Walton, Mr.
The motion accordingly negatived.
Mr. Moor moved :
(xix) Lands reserved for natives and whether vested in
trust or not.
After discussion,
With leave of the Convention,
This motion was withdrawn.
80 SOITII AFRICAN NATIONAL CONVENTION, 1908 — '09.
Mr. M c rrnnti a moved :
(xx) Koads, outspans, pouts and bridges other than bridges
connecting two Provinces.
A her discussion,
This motion was put and agreed to.
Mr. Merriinnn moved :
(xxi) Markets and pounds.
Agreed to.
Mr. M err i man moved :
(xxii) Agricultural Societies and fencing of roads.
Mr. Jagger moved, as an amendment: To substitute " agri-
culture."
Mr. M aid n moved : To omit "Agricultural Societies and."
Cnl. Greene moved: To omit "of roads."
After discussion,
The motion, and the several amendments thereon, were put
and negatived.
Mr. Meriiindn moved:
(xxiii) Bush and grass tires, eradication of weeds, registra-
tion of brands.
Mr. Van Ilecrdcn moved: To omit "eradication of weeds."
After discussion,
The motion, and the amendment thereon, were put and
negatived.
8. The President read and put in a letter from H.E. Sir
Walter Hely-Hutchiiison, dated the 2oth instant, regretting
that his recent illness had prevented his acknowledging at an
earlier date the receipt of the President's letter of the loth
October on the subject of the transmission to him of copies
of each day's proceedings, and stating that His Excellency
lecoo-nixed the necessity of regarding these communications as
strict 1 v confidential.
9. On the motion of Dr. Smartt, the Convention adjourned
at four o'clock p.m.
CAP]': TOWX, riiursdny, 2GTH November,
Ten o'clock a. in.
1. All the members were present, except Sir William
Million and MOU. De la Rev.
'J. I lie l' r<'.~it!e n! read the resolution with the sub-sections
;>!i power-; of Provincial Councils, as finally agreed to yesterday
and 'Mi ili(> previous dav, vix. : —
;t'lij('i't 1" the |!ro\ Uions of this Act the Administrator,
: M iiie advice and consent of the Provincial Council, may
make ordinances in relation to matters coining within the
tolln\\ in;v classes of subjects, that is to say:
Duvet taxation within the Province in order to the
r,n-!!iLr of a revenue for Provincial purposes.
For this 'resolution as finally adopted seepages 112-113.- S.K.1F.
MINUTES OF PROCEEDINGS. 87
(2) The l»orro\ving of money on the sole credit of the
Province with the consent of the Governor-General-in-
Conncil, and iu accordance with regulations to be
framed by Parliament.
*(•'!) Tin- establishment and tenure of Provincial offices
and liie appointment and payment of Provincial
officers, subject to the provisions of any law passed by
Parliament regulating the conditions of appointment,
tenure of office, retirement and superannuation of Pro-
vincial public officers.
(4) The establishment, maintenance and management of
hospitals and charitable institutions.
i")i Municipal institutions, divisional councils and other
local institutions of a similar nature.
l(i) Local works and undertakings within the Province
oilier than railways, harbours and such works as ex-
tend beyond the borders of the Province, and subject
to the power of Parliament to declare any work a
national work', and to provide for its const ruction by
arrangement with Provincial Councils or otherwise.
(7) The imposition of punishment by fine, penalty or
imprisonment for enforcing- any law or ordinance of
the Province made in relation to any matter coming
within any of the classes of subjects enumerated in
thi> section.
'';M Generally all matters which, in the opinion of the
Governor-General-in-Council, are of a merely local or
private nature in the Province.
(!); lioads, outspans, ponts and bridges other than bridges
connecting two Provinces.
(10> Markets and pounds.
•]. Mr. Jiroiriic moved: That at the suspension, of business
at one o'clock to-day the Convention adjourn until to-
morrow.
Mr. Malnn moved, as an amendment : To omit the words
''to-day" and "to-morrow," and substitute "to-morrow''
and " Monday."
After discussion,
The debate was adjourned until after the eleven o'clock
interval.
4. (jcii. Saint.* moved: That the whole question relating
to l\i" constitutional powers of Provincial Councils, in--lud-
ini>' the resolutions already passed on that subject, be referred
to a Committee for consideration and report.
(in/ . /l< rt :<>// objected to the reference to a Committee of any
resolutions already agreed to by the Convention, and the word-
"'including the resolutions already pa^ed on that subject '
were omitted from the motion.
After di>cus<ion.
SS Sot'Tii Antj( AX XATIO.VAL COXVKNTIOX, 1908 — '09.
\\'itli leave of the Convention,
'['lie motion proposed l>y (ion. Smuts was withdrawn.
•">. Mr. M ('.'•/•/ mini moved :
In cadi Province thorp shall be a Chief Executive Officer
appointed by the Governor-General-iii-Council, who shall be
.-ivied the Administrator of the Province. He shall hold
office during the pleasure of the Governor-General, but any
Administrator appointed after the commencement of the first
Session of Parliament shall not be removable within five
years from his appointment, except for cause assigned, which
shall be communicated by message to both Houses of Parlia-
ment within one week thereafter it Parliament is then sitting,
and if not, then within one week after the commencement of
(he next ensuing- Session.
Discussion ensued.
Business suspended at .11 o'clock a.m.
Quarter-past elcrcn o'clock a.m.
Business resumed.
(i. Minutes of previous meeting1 confirmed.
7. Mr. Mala n moved, as an unopposed motion : This Con-
vention having- learned of the sad family bereavement which
has befallen Mr. Moreom, one of the Natal delegates, extends
tc him its sincere and heartfelt sympathy.
Agreed to.
Mr. Moot-, on behalf of Mr. Moreom, tendered his sincere
thanks to the Convention for the vote of condolence just
passed.
S. Debate resumed on motion for adjournment by Mr.
Browne [page 87 j, which, after discussion, was put and
agreed to, and the amendment by Mr. Malan dropped.
!). .)//-. Malnn moved, as an unopposed motion : That at the
MiNpension of business at one o'clock to-morrow, the Conven-
tion adjourn until Monday.
Agieod to.
10. Debate on motion bv Mr. Morriman on appointment of
I'rovin'-ial Administrators [printed above! continued.
A [tor discussion,
(In the motion of Mr. Fischer, the debate was adjourned
until to-morrow.
11. (>n tin' motion of Mr. Fischer, the Convention ad-
lournod at one o'clock p.m.
CAl'K TOVYX, Fr'nliy, 27TIT November IMS.
Ten o'clock n . in .
1. All the members were present, except Sir William
Milton and (.Jon. l)e la Ivey.
'J. I lie I'l-exident communicated an invitation to the dele-
gates and their stal'l'^ from His Worship the Mayor of the
MlMTKS OF PHOCKK1)I.\<;S.
Paarl to visit that place on Saturday, the ">th December, and
another from His Worship the Mayor of Capo Town to visit
Table Mountain on Saturday, the 12th December.
On the motion of the President,
Uesolved: That the Convention will not sit on Saturday,
the ~)th, and on Saturday, the 12th December.
(ifii. /iot/i</ moved: That the Convention greatly regrets it
is mriblo It accept the kind invitations to visit the Paarl and
Yablo Mountain.
.)//•. San i' i- moved: That a decision on this matter be pc:4-
poned until two o'clock on Monday afternoon, in order that
the Chief Secretary mav ascertain and inform the President
how munv delegates desire to accept the invitations.
Agreed to.
•'!. Adjourned debate on motion by Mr. Merriman on ap-
pointment of Provincial Administrators [page 88 j re-
sumed.
The I' resident stated that when this debate was adjourned
yesterdav, the question before the Convention was:
In each Province there shall be a Chief Executive Officer
appointed bv the Governor-General-in-Council, who shall be
styled the Administrator of the Province. He shall hold
office during the pleasure of the Governor-General, but any
Administrator appointed after the commencement of the first
Session of Parliament shall not be removable within five years
from his appointment except .for cause assigned, which shall
be communicated by message to both Houses of Parliament
within one week thereafter if Parliament is then sitting, and
if not, then within one week after the commencement of the
next eiiMiing Session.
Debate resumed.
Discussion continued.
Business suspended at eleven o'clock a.m.
Quarter-past clcrcn o'clock a.m.
Business resumed.
-I. Minutes of previous meeting confirmed.
•"). Discussion on motion by Mr. Merriman on appointment
01" Provincial Administrators [page 88 j continued.
(j'c/t. Sinuf* moved, as an unopposed motion: That this
motion [page 88] together with the remaining notices by Mr.
Merriman on the Constitution of Provincial Councils and
Executive and their powers and functions. Mr. -Taggers pro-
posed amendment, and the notices by Mr. Morcom,* be re-
ferred to a Committee consisting of the President, two Mem-
bers from each delegation to be nominated by the respective
Prime Ministers, and one from Khodesia. the Committee to
have power 10 make recommendations to the Convention in
reference to the whole question.
* The imtkvs ;\i:d amendment ivlVrml to aiv ]>riiitril at the end of thi> <iuy-
prom'ilin;_r> pages 'jn-'.iH. — (r.I! II.
i)0 SOUTH AFRICAN NATIONAL CONVENTION, 1908 — '09.
After discussion,
This motion was put and agreed to.
The Members of the Committee were then nominated as
follows: Cape of Good Hope, Mr. Merriman, Dr. Jameson;
.\nttil. Col. Greene, Mr. Hyslop ; Transvaal, Gen. Smuts, Sir
George Farrar; Orange River Colony, Mr. Fischer, Gen.
Hert/og (wifh Mr. Steyn as alternate); Rhodesia, Mr.
Coghlnn.
(j. On the motion of Mr. Van Heerden, the Convention ad-
journed at a quarter to one o'clock p.m. until Monday, the
instant, at ten o'clock a.m.
.\otirc* of motion I))/ Mr. Merriman (with an amendment
l>i/ Mr. Jafjger] and Mr. Moreom referred to Committee on
]' rori ncial Constitutions [page 89].
I. Mr. Merriman.
1. The salaries of the Administrators shall be fixed and provided by the
Parliament of South Africa.
2. There shall be a Provincial Council in each Province, consisting of the
same number of Members as are elected for the House of Assembly in the
Province.
;>. The Members of the Provincial Council shall be elected by the persons
qualified to vote for the election of Members of the House of Assembly in
the Province voting in the same electoral areas as are delimited for the
elec'i'iii of Members of the House of Assembly and on the same system of
proportional representation.
4. Any person qualified as a voter shall be qualified to be a Member of the
Provin -ial Council subject to the same disqualifications as apply in the case
of Members of the House of Assembly.
o. Each Provincial Council shall continue for three years from the date of
its fir.-t meeting, and shall not be subject to dissolution save by effluxion of
time.
li. The Administrator of each Province shall by proclamation fix such
times for holding the sessions of the Provincial Council as he may think fit.
and he may from time to time prorogue such Council when expedient.
Provided that there will be a session of every Provincial Council once at
lea^t in every year, so that no greater period than twelve calendar months
intervenes between the last sitting of the Council in one Session and the
first sitting of the Council in the next session.
7. It shall be lawful for every Provincial Council to make rules for the
conduct of its proceedings. Such rules shall be transmitted by the Adminis-
>r to the Governor-General and shall have full force and effect unless
u;;til the Go vernor-General-in -Council shall expre>s his disapproval
out' by writing addressed to the Administrator.
There shall be freedom of speech in the Provincial Council, and such
dom of speech shall not bo liable to be impeached or questioned in any
u- place out of such Council.
•ieh Provincial Council shall at its first meeting after any general
i elect from among its members or otherwise on the system of
lional representation provided for the eleciion of members of the
of Assembly not less than three and not more than five persons as
• prescribed by the Governor-General-in-Couneil, to assist and advise
ninistrator and with him to form an Executive Committee of the
'•e. Each Executive Committee shall hold office until the election of
xt succeeding Executive Committee in the same manner. The
•i- of the Executive Committee shall receive such remuneration as
incial Council, with the approval of the Governor-General-in-
determine. A Member of the Provincial Council shall not be
•oiu sitting a>< a .Member by reason of his having been elected
the Executive Committee.
MINUTES OF PROCEEDINGS. 91
10. The Executive Committee shall on behalf of the Council cany on thc-
Provincial Administration, and shall be jointly responsible for all the
administrative acts of the Province. In case of a difference of opinion the
decision .shall be according to the opinion of the majority, and the Adminis-
trator, as President, shall have both a deliberative and a casting vote.
11. Until otherwise provided by Parliament, the seats of Government in
the Provinces shall be as follows: —
Co/ic 7'nir/i for the Cape of Good Hope.
Pn'termtiritzburg for Natal.
Pretoria for the Transvaal.
lilin'iiifiintfiii for Orangia.
1± Subject to the provisions of this Act, the Provincial Councils shall'
have powers of administration in respect of the matters in respect of which
legislative powers are delegated to them and also such powers of adminis-
tration as shall be entrusted to them by the Parliament, and unless and
until Parliament otherwise provides, powers oi; administration shall be
entrusted to them in relation to the following matters : —
(n) Kducation other than higher and technical education.
(/') Acts relating to public health, animal diseases, fish and game pre-
servation, weights and measures and irrigation.
!.'•>. It shall lie lawful for any Provincial Council to recommend to the
I'nion Parliament the passing of any law relating to matters not falling
within the powers delegated to such Council.
14. In regard to any law which requires to be passed by means of a private
Act of the Union Parliament it shall be la .vful for the Provincial Council
upon the request of the Parliament and subject to such procedure as shall be
laid down by the Parliament, to take evidence by means of a Select Com-
mittee or otherwise for and against the passing of such law and upon re-
ceipt of a report from such Council, together with the evidence upon which
it is founded, it shall be lawful for the Parliament to pass such Act without
further evidence being taken in support thereof.
If). Subject to the provisions of any law passed by Parliament regulating
the conditions of appointment, tenure of office, retirement and super-
annuation of provincial public officers, the Provincial Council shall have
power to appoint such officers as may be necessary for carry ng out the
services entrusted to them, and to make and enforce regulations fur the
organization and discipline of such officers.
II). It shall not be lawful for any Provincial Council to pass any or-
dinance appropriating any money to any public service unless the Adminis-
trator shall have first recommended to the Council to make provi-ion- for
the specific service to which such money is to be appropriated; and no such
money shall be issued except by warrants to be granted by the Adminis-
trator.
17. When a proposed ordinance hns been passed by a Provincial Council
it shall be presented to the Governor-General-in-Council for hi^ a-^ciit.
The Governor-General-in-Council shall declare within one month from the
presentation to him of the proposed ordinance that he assents thereto, or
that he withholds assent, or that he reserves it for further consideration.
A proposed ordinance so reserved shall not have any force unless and until
within one year from the day on which it was presented to the Governor-
General-in-Council he makes known by proclamation that it has rec-ive! hi>
assent. A proposed ordinance so assented to and promulgated shuli -ulijcct
to this ordinance have the force of law within the Province.
is. After the establishment of the Union and until otherwise pn-\ ide 1 by
Parliament there shall be annually p.-iid out of the revenues of the I'nion to
the Administrator of each Province :
('0 An amount equal to the sums expended out of the public funds of
the Colony previously constituting such Province in the financial
year I'm* to I'.'il'.i upon education, other than hiidu-r and technical
education, and upon all other services in respect of which powei>
of administration havu been or may hereafter be entrusted to the
Provincial Council of each Province. The amount of Mich sum-
shall be ascertained by the Auditor-General of the Union.
i)2 Soi TII AFIUCAN NATIONAL CONVENTION, 1908 — '09.
(//) Such further Minis as the Parliament shall consider necessary for
the services of the provincial administration.
I'.'. All sums directed t;> bu paid to the Administrator for the services of
the Provinces shall be charged and paid out of the revenues of the Union at
such times and in such instalments as the Governor-in-Council may direct.
•JO. Tin- Administrator of every Province and the Members of every
Kxecutive Committee not having a seat in the Provincial Council shall have
the right to take part in the debates of the Council, but they shall not be
entitled to vote.
All po\vers. authorities and functions lawfullv exercised at the time of the
proclamation of the I'niou by divisional or municipal councils or any other
duly constituted local authority shall be and remain in force until altered
or amended by the Parliament of the Union or by the Provincial Council
having povver in that behalf.
•Jl . In all matters in respect of which powers of administration have been
<T may hereafter be entrusted to the Provincial Council, all functions which
bylaw are at the Union vested in or exercisable by the Governor or any
Minister of the Crown of the existing Colonies, shall, so far as they are
capable of being exercised after Union, be vested in and exercisable by the
Administrators of the corresponding provinces respectively.
II. Mr. J agger (as an amendment to the motion proposed by
Mr. Merriman on appointment of Provincial Administrators)
[page 88] : To omit all the words after "Province" in line
•'! of paragraph 1, and substitute ""He shall hold office for a
term of five years, and shall not be removable from his ap-
pointment except for cause assigned, which shall be communi-
cated by message to both Houses of Parliament within one
week thereafter if Parliament be then sitting, and if not
within one week after the commencement of the next ensuing
Session, or except nnon the receipt by the Governor-General
of an address signed by the majority of Members of the Pro-
vincial Council praying for such removal."
[IF. Mr. Morrnni (The following clauses of the draft
"British South Africa Act"* laid on llie Table on the Kith
( )ctober) : -
lo-l. There shall be a Legislature for Xatal consistin
trator and of one House, styled the Legislative Assembly
I of). The Legislative C •mncii shall be abolished.
HMi. Until the Legislature of Xatal otherwise decides.
Assembly of Xatal shall lu composed of twenty-live ni'-m
to represent the following electoral district*, vi/.. : —
Pietermaritzbnrg City.
Pifterinaritzburg County —
Uingeni Division.
Lion's River 1 >i vision.
Ixopo Division.
1 hirban Horough.
1 hirhaii ( 'ounty.
Victoria ( 'ounty.
I 'm voti ( 'ounty.
Weellell Colllltv.
K lip it i vtT ( 'ounty.
Klip UivtT 1 >i vision.
Xewcastle and Dundee.
Alexandria and Alfred.
Xnluland.
G.R.II.
MINUTES OF PHOCEEDIXGS. 9.'i
Eshowe and Melmoth.
Vryhcid.
Utreclit.
107. I'ntil the Legislature <if Natal otherwise provides, all laws which at
the constitution of the 1'iiion are in force in Natal relative to the following
matters, or any of them, namely, the qualifications and disqualifications of
persons to l»e elected or to sit or vote as members of the Legislat i ve Assembly
of Natal, the qualifications or disqualifications of voters, the returning
officers, their powers and duties, the proceedings at elections, the periods
during which such elections may lie continued, and the trial of controverted
elections, and the proceedings incident thereto, the vacating of the scats of
members, and the issuing and execution of new writs in case of seats vacated
otherwise than by dissolution shall respectively apply to elections of
members t-> serve in the Legislative Assembly. The Legislature of Xatal
shall have power to make laws on all matters whatsoever relating to the
Natal Constitution, ami shall have the power to amend or repeal any of the
sections In.'! to HI* of this Act.
HIS. Kvery Legislative Assembly of Natal shall continue, for four years
from tlie day of the return of the writs for ,-hoosing the same: Subject
nevertheless to the Legislative Assembly of Natal being sooner dissolved by
the < Jovernor of Natal.
HI'.I. There shall be a session of the Legislature of Natal once ;it least in
every year, so that twelve months shall not intervene between the last sitting
of the Legislature in one session and its first sitting in the next session.
CAPK T()\V\. M<,,,<l,ni. MTII Xorcmber
7 c ii <> clock a . in .
\. All the Members were present, except Sir William
Milton.
"2. Mr. Broirnc, as Chairman, brought up Hie report of the
Committee appointed bv resolution of the Convention, dated
the Kith October, 1!)()S '[page 11 j on Statistics, as follows: —
The Committee appointed by the Convention on the 15th
October, 190S, to obtain financial and statistical statements
from the Governments of the various Colonies, have the
honour to present the enclosed volume," containing the infor-
mation which the Committee have thought it desirable to place
before the Convention.
Mi-, ttroirnc further stated that he would like to take the
opportunity of expressing1 the indebtedness of the Committee
to the Treasurers, Audit Offices and 1'aihvay Doparments of
the four Colonies for the immense trouble they have taken in
collectino- and arranging this information, also to Mr. Brand,
the Secretary of the Committee, and to Mr. Court, the Statis-
tician, i'or the valuable work they have performed in the
matter.
•"». '/'/// /'.'-('.^(Jc/i/ stated that Sir William Milton had inti-
mated his inability to attend the further sittings of the Con-
vention in consequence of the pressure ot: his official duties,
and asked thai he might receive the daily proceedings of the
( ^invention.
94 SOUTH AFHICAX NATIONAL CONVENTION, 1908 — '09.
Ordered : That a copy of the daily proceedings he for-
warded to Sir William Milton by registered book-post, in the
same manner as is being done for the several Governors of
South African Colonies.
4. Keport of Committee on qualification, payment and pri-
vileges of members of Parliament to be considered.
The President stated that this report would be found on
pages 81-82.
Mr. Sauer moved: That the following be sub-section (v) of
Section I. of Mr. Hull's proposals relating to the qualification
of Members of Parliament as recapitulated on page 77, viz. :
(v) Holds any office of profit under the Crown within the
Union.
But this sub-section does not apply to the office of any of
the Ministers of State for the Union, or to any person in re-
ceipt of a pension from the Crown, or to an officer or member
of His Majesty's Xaval or Military Forces on retired or half-
pay, or to any person who may from time to time be specially
exempted by Act of Parliament or by authority of the House
of Assembly.
Mr, Jayger moved, as an amendment: After "Forces'' to
insert " in receipt of pay or."
Dr. Smtirtt moved : After " half-pay " to insert "or to any
member of His Majesty's Volunteer Forces in receipt of pay
from the Government."
After discussion,
These amendments put and negatived.
The original motion was then put and agreed to.
Mr. S aitcr moved : That the following be Section II. of Mr.
Hull's proposals [page 74] for the disqualification of Mem-
bers of Parliament :
II. If a Senator or Member of the House of Assembly :
(i) becomes subject to any of the disabilities mentioned in the
last preceding section; or
(ii) ceases to hold any qualifications required by law; or
(iii) shall be absent for thirty consecutive days or more with-
out special leave of the House,
his place shall thereupon become vacant.
Mr. Hull moved, as an amendment : After " absent " to
insert ''from the sittings of the Senate or of the House of
Assembly.
Mr. JH/II/I r moved : To omit " for thirty consecutive days or
more/' and substitute " one whole ordinary Session."
After discussion,
The iasf amendment was put and agreed to.
The amendment proposed by Mr. Hull dropped.
Million, as amended, put and agreed to viz. : —
IF. It a Senator or Member of the House of Assembly:
(i) becomes subject to any of the disabilities mentioned in
the Ia>t preceding section: or
MINUTES OF PROCEEDINGS. 95
(ii) ceases to hold any qualifications required by law; or
(iii) .shall be absent one whole ordinary Session without
special leave of the House,
'his place shall thereupon become vacant.
Mr. J(i<j(j(>r moved : That the following be added as a sub-
section (ivj to the motion just agreed to, viz. : —
(iv) Has any direct or indirect pecuniary interest in any
agreement with the Public Service of the I'nion, otherwise
than as a Member and in common with other members of an
incorporated company consisting of more than twenty-five
persons, and provided he is not a director of such company.
Discussion ensued.
Business suspended at eleven o'clock a.m.
Quarter-pant elecen o'clock ft. in.
Business resumed.
5. Minutes of previous meeting confirmed.
0. Consideration of Iteport of Committee on qualification,
payment and privileges of Members of Parliament and motion
by Mr. Jagger [printed above] continued.
Col. Greene moved, as an amendment to Mr. Jagger's
motion : To omit all the words after '' members of " and sub-
stitute "a company incorporated with limited liability."
Mr. Lindsay moved : That this question be referred to a
Committee consisting of the four Prime Ministers for re-con-
sideration.
After discussion,
With leave of the Convention,
The original motion by Mr. -Tagger, and the amendments
thereon were withdrawn.
Mr. Stiuci- moved :
If any per.-on declared by the Constitution to be incapable
of sitting as a Senator or Member of the House of Assembly
shall while so disqualified knowingly >it or vote as a Member
of the Senate or House of Assembly such person -diall forfeit
the sum of £100, to be recovered by the Treasurer of the
1 nion by action in any Court of competent jurisdiction.
Mr. Muliin moved, as an amendment: To omit "the Con-
stitution " and substitute " by law.7'
Agreed to.
Mr. Hull moved: To omit " forfeit the sum " and s'lbsti-
tute " be liable to a penaltv ": and after " i'tOO" to insert
for each dav he shall so sit or vote."
Agreed to.
Motion, as amended, put and agreed to, vix. :
If any person declared by law to lie incapable of sittin"1 as
a Senator or Member of the House of Assembly .-hall while so
disqualified knowingly sit or vote as a Member of the Senate
or House of Assembly such person shall be liable to a penalty
W> Sot Tii AFRICAN NATIONAL CONVENTION, 1908 — '09.
of £101) for each day lie shall so sit or vote, to be recovered
by the Treasurer of the Union by action in any Court of com-
petent jurisdict ion.
Mr. Stiucr moved : -
Each Senator and each Member of the House of Assembly
shall receive an allowance of £ a year, to be reckoned from
the date on which he takes his seat; provided that for every
working day on which he is absent there shall be deducted
from such allowance the sum of £3.
A working1 day shall mean in respect of a Member any day
during the Session on which the House of which he is a
Member or anv Committee of which he is a Member meets.
Mr. Hull moved: To fill up the blank with " £300," and
to reduce the amount of deduction from " £3 " to '' £2."
Mr. Wdlloi) moved : To omit all the words after " allow-
ance of " down to " £3 " and substitute:
"fa) If resident within twelve miles from the Houses of
Parliament, one guinea a day for each day he may be
present at a meeting of Parliament.
(b) If resident beyond twelve miles from the Houses of
Parliament, two guineas a day in respect of every day on
which he shall be absent from home on his Parliamentary
duties, provided that no Member shall receive more than £300
in any one year."
Mr. Ja<ji/er moved: To substitute the following proviso for
that proposed by Mr. Walton : '' Provided that 110 remunera-
tion or allowance shall in respect of any one Session of Parlia-
ment he claimable by any Member for a greater period than
J 20 d ays.
Mr. M<tl<tn moved: To insert after "a year" the words
" under such rules as shall be framed by Parliament."
Dr. Heck moved : To add to the original motion : :> pro-
vided that when a Senator or Member of the House of As-
sembly resides within fifteen miles of the seat of Parliament
lie -hall receive a sum not exceeding £180 a year."
Mr. Fixcficr moved : Each Senator and each Member of the
House of Assembly shall receive an allowance to cover his
travelling expenses, if any, to and from attendance at Parlia-
ment and Cor subsistence during Sessions of Parliament, the
amount of such allowance and the regulations under which
the -ame -hall lie payable shall be determined from time to
tune by Parliament, with this proviso that the subsistence
allowance, etc., for any Member shall not exceed £300 in any
yen r.
Tin /'/•< .-i<!i tit put the question that all the words after
" allowance of " proposed to lie omitted stand part of the
motion, \vhi'-h |.a--e<! in the affirmative, and the amendment-1
propii-rd liv Mr. Walton. Mr. •] agger and Mr. Fi<cher
d n ipped .
MINUTES OF PROCEEDINGS. 97
The amendment proposed by Mr. Malan put, and the Con-
vention divided: —
" AYES," 18. Van Heerden, Mr.
Walton, Mr.
Beck, Dr.
Browne, Mr.
Fischer, Mr. "NOES," 11.
Greene, Col.
Hertzog, Gen. Botha, Gen.
Hyslop, Mr. Burger, Gen.
Jameson, Dr. De la Key, Gen.
Maasdorp, Mr. De Villiers, Sir J. H.
Malan, Mr. Farrar, Sir G. H.
Merriimm, Mr. Fitzpatrick, Sir J. P.
Morcom, Mr. Hull, Mr.
Saner, Mr. J agger, Mr.
Smartt, Dr. Lindsay, Mr.
Smythe, Mr. Moor, Mr.
Stanford, Col. Smuts, Gen.
Steyn, Mr.
The amendment accordingly agreed to.
The amendment proposed by Mr. Hull put and agreed to.
The amendment proposed by Dr. Beck put and negatived.
Mr. Jayyer moved: To add after " sum of £2 " the words
" provided further that no such allowance shall be made to
a Minister receiving a salary under the Crown, or to the Pre-
sident of the Senate or the Speaker of the House of Assembly.
Upon which the Convention divided :
"AYES," 20. Stanford, Col.
Steyn, Mr.
Beck, Dr. Van Heerden, Mr.
De Villiers, Sir J. H. Walton, Mr.
Fischer, Mr.
Greene, Col.
Hertzog, Gen. " NOES," 9.
Hyslop, Mr.
•Tagger, Mr. Botha, Gen.
Jameson, Dr. Browne, Mr.
Maasdorp, Mr. Burger, Gen.
Malan, Mr. De la Key. Gen.
Merriman, Mr. Farrar, Sir G. H.
Moor, Mr. Fitzpatrick, Sir J. P.
Morcom, Mr. Hull, Mr.
Saner, Mr. Lindsay, Mr.
Smartt, Dr. Smuts, Gen.
Smythe, Mr.
The amendment accordingly agreed to.
Motion, as amended, put and agreed to, viz.: —
Each Senator and each Member of the House of Assembly
shall receive an allowance of £300 a year, under such rules
98 SOUTH AFRICAN NATIONAL CONVENTION, 1908 — '09.
as shall be framed by Parliament, to be reckoned from the
date on which he takes his seat : Provided that for every
working day on which he is absent there shall be deducted
from such allowance the sum of £2 : Provided further that no
such allowance shall be made to a Minister receiving a salary
under the Crown, or to the President of the Senate, or the
Speaker of the House of Assembly.
A working day shall mean in respect of a Member any day
during the Session on which the House of which he is a
Member or any Committee of which he is a member meets.
Mr. Sauer moved :
The powers, privileges and immunities of the Senate and
of the House of Assembly and of the Members of the Com-
mittees of each House shall be such as are declared by the
Parliament and until declared shall be those of the Commons
House of the Parliament of the United Kingdom and of its
Members and Committees at the establishment of the Union.
Agreed to.
8. Mr. Sauer moved :
Each House of Parliament shall make rules and orders with
respect to the order and conduct of its business and proceed-
ings either separately or jointly with the other House.
Mr. Walton moved, as an amendment : To omit all the
words after " proceedings."
Agreed to.
Motion, as amended, put and agreed to, viz.: —
Each House of Parliament shall make rules and orders with
respect to the order and conduct of its business and pro-
ceedings.
Mr. Walton moved : That in the case of a joint meeting
of both Houses the rules of the House of Assembly shall
apply.
Agreed to.
10. The President stated that a considerable number of
Members of the Convention ha,d intimated to the Chief Secre-
tary their desire to accept the invitations for the Paarl and
Table Mountain on the 5th and 12th proximo respectively,
and that the Mayors of the Paarl and of Cape Town had been
informed accordingly.
11. On the motion of Mr. Malan, the Convention adjourned
at one o'clock p.m.
CAPE TOTVX, Tuesday, IST December, 1908.
Ten o'clock a.m.
1. All the Members were present, except Sir William
Milton.
J/r. Mnlfin presented a petition from 181 men and
women, inhabitants of the Cape Colony, praying that citizen-
ship in Tinted South Africa may be granted to all women
who possess llie same qualifications as may be required from
men.
MINUTES OF PROCEEDINGS. 99
3. The President, stated that the Committee on Provincial
Constitutions, at the time of their adjournment at half-past
five yesterday afternoon, had not been able to complete the
consideration of the questions referred to them, and sug-
gested that the Convention might now adjourn for the pur-
pose of enabling the Committee to proceed.
Ordered accordingly, and the Convention thereupon ad-
journed at ten minutes past ten o'clock a.m.
CAPE TOWN, Wednesday, 2ND December, 1908.
Ten o'clock a.m.
1. All the Members were present, except Sir William
Milton.
2. The President, as Chairman, brought up the Report of
the Committee appointed by Resolution of the Convention
dated the 27th ultimo [pages 89-90] on Constitution of Provin-
cial Councils and Executives and their powers and functions,
as follows : —
Your Committee, having considered the following Notices :
(1) By Mr. Merriman [pages 90-92 J, with Mr. Jagger's
amendment [page 92].
(2) By Mr. Morcom [pages 92-93].
and also the procedure on the proposals made by Mr. Moor
in regard to the powers of Provincial Councils, as well as
the resolutions adopted on the 24th and 25th ultimo on this
subject [pages 86-87], have agreed to the following resolu-
tions : —
1. In each Province there shall be a Chief Executive
Officer appointed by the Governor-General-in-Council,
who shall be styled the Administrator of the Province.
In the appointment of Administrators for any Pro-
vince the Goveruor-General-in-Council shall as far as
practicable give preference to residents in such Pro-
vince.
Such Administrators shall hold office for a term of
five years, and shall not be removable except for cause
assigned, which shall be communicated by message to
both Houses of Parliament within one week after the
removal if Parliament be then sitting, and if not
within one week after the commencement of the next
ensuing Session.
2. The salaries of the Administrators shall be fixed and
provided by the Parliament of South Africa, and shall
not be reduced during their respective terms of office.
3. There shall be a Provincial Council in each Province,
consisting of the same number of Members as are
elected for the House of Assembly in the Province.
4. The members of the Provincial Council shall be
elected by the persons qualified to vote for the election
of Members of the House of Assembly in the Province
voting in the same electoral areas as 'are delimited for
E 2
100 SOUTH AFRICAN NATIONAL CONVENTION, 1908 — '09.
the election of Members of the House of Assembly and
on the same system of proportional representation.
5. Any person qualified as a voter shall be qualified to be
a member of the Provincial Council, subject to the
same disqualifications as apply in the case of Mem-
bers of the House of Assembly.
6. Each Provincial Council shall continue for three years
from the date of its first meeting, and shall not be sub-
ject to dissolution save by effluxion of time.
7. The Administrator of each Province shall by Procla-
mation fix such times for holding the Sessions of the
Provincial Council as he may think fit, and he may
from time to time prorogue such Council when expedi-
ent. Provided that there shall be a session of every
Provincial Council once at least in every year, so that
no greater period than twelve calendar months inter-
venes between the last sitting of the Council in one
Session and the first sitting of the Council in the next
Session.
S. It shall be lawful for every Provincial Council to
make rules for the conduct of its proceedings. Such
rules shall be transmitted by the Administrator to
the Governor-General, and shall have full force
and effect unless and until the Governor-General-in-
Council shall express his disapproval thereof by writ-
ing addressed to the Administrator.
9. There shall be freedom of speech in the Provincial
Councils, and such freedom of speech shall not be
liable to be impeached or questioned in any Court or
place out of such Council.
10. Each Provincial Council shall at its first meeting after
any General Election, elect from among its Members,
or otherwise, on the system of proportional representa-
tion not less than three and not more than five persons,
such as shall be prescribed by the Governor-General-
in-Council in respect of such Province, to assist and
advise the Administrator, and with him to form an
Executive Committee of the Province. Each Execu-
tive Committee shall hold office until the election of
the next succeeding Executive Committee in the same
manner. The Members of the Executive Committee
shall receive such remuneration as the Provincial
Council with the approval of the Governor-General-in-
Council shall determine. A member of the Provin-
cial Council shall not be disqualified from sitting as a
Member by reason of his having been elected as a
Member of the Executive Committee.
11. The Executive Committee shall, on behalf of the
Council, (any on the Provincial administration, and
shall be jointly responsible for all the administrative
acts of the Province. In case of a difference of opinion
MINUTES or PROCEEDINGS. 101
the decision shall be according to the opinion of the
majority, and the Administrator, as President, shall
have Loth a deliberative and a casting vote.
12. Until otherwise provided by Parliament, the seats of
Government in the Provinces shall be as follows : —
for the Cape of Good Hope.
for Natal.
for the Transvaal .
for Orange.
Resolution adopted on poiccrs of Provincial Councils [pages
86-87 J.
In regard to this resolution, which was adopted on the 24th
and 24tli ultimo, your Committee recommend that in sub-
Bection (iii) the word "such" be substituted for "Provin-
cial " where it occurs the second and third time; and that
the following words be omitted from sub-section (viii), viz. :
" in the opinion, of the Governor-General-in-Council," on the
ground that the Governor-General-in-Council could express
his opinion by means of his proposed veto.
They further recommend the reconsideration of a new sub-
section (xi) in lieu of the sub-section which was negatived on
the 'Joth ultimo [page 84], and new sub-sections (xii), xiii)
.and (xiv).
Resolution Xo. 13 will then read as follows :
13. Subject to the provisions of this Act, the Adminis-
trator, with the advice and consent of the Provincial
Council, may make ordinances in relation to matters
coining within the following classes of subjects, that is
to say : —
(1) Direct taxation within the Province in order to
the raising of a revenue for Provincial purposes.
(2) The borrowing of money on the sole credit of the
Province with the consent of the Governor-Gen-
eral-in-Council, and in accordance with regula-
tions to be framed by Parliament.
(3) The establishment and tenure of Provincial
officers, and the appointment and payment of such
officers, subject to the provisions of any law passed
by Parliament regulating the conditions of ap-
pointrnent, tenure of office, retirement and super-
annuation of such public officers.
(4) The establishment, maintenance and manage-
ment of hospitals and charitable institutions.
(;)) Municipal institutions, divisional councils and
other local institutions of a similar nature.
(G) Local works and undertakings within the Pro-
vince other than railways, harbours and such
works as extend beyond the borders of the Pro-
vince, and subject to the power of Parliament to
declare any work a national work, and to provide
for its construction by arrangement with Provin-
cial Councils or otherwise.
102 SOUTH AFRICAN NATIONAL CONVENTION, 1908 — '09.
(7) The imposition of punishment by fine, penalty or
imprisonment for enforcing any law or ordinance
of the Province made in relation to any matter
coming within any of the classes of subjects
enumerated in this section.
(8) Generally all matters which are of a merely local
or private nature in the Province.
(9) Heads, outspans, ponts and bridges other than
bridges connecting two Provinces.
(.10) Markets and pounds.
(11) Licences for the exercise of any trade or occupa-
tion and for any house or place of amusement in
order to the raising of a revenue for provincial,
local or municipal purposes.
(12) Education, other than higher education.
(13) Agriculture, to the extent and subject to the
conditions to be defined by Parliament.
(14) Fish and game preservation.
The remaining resolutions now agreed to are as follows :
14. Subject to the provisions of this Act, the Provincial
Councils shall, through the Executive Committees,
have powers of administration in relation to the mat-
ters in respect of which legislative powers are delegated
to them, and also such powers of administration as
shall be entrusted to them by the Parliament, and un-
less and until Parliament otherwise provides, powers of
administration shall be entrusted to them in relation to
the following matters : Acts relating to public health,
animal diseases, and weights and measures.
15. It shall be lawful for any Provincial Council to re-
commend to the Union Parliament the passing of any
law relating to matters not falling within the powers
delegated to such Council.
16. In regard to any law which requires to be passed by
means of a private Act of the Union Parliament, it
shall be lawful for the Provincial Council, subject to
such procedure as shall be laid down by the Parlia-
ment, to take evidence by means of a Select Committee
or otherwise for and against the passing of such law,
and upon receipt of a report from such Council, to-
gether with the evidence upon which it is founded, it
shall be lawful for the Parliament to pass such Act
without further evidence being taken in support
thereof.
17. It shall not be lawful for any Provincial Council to
puss any ordinance appropriating any money to any
public service unless the Administrator shall have first
recommended to the Council to make provision for the
specific service to which such money is to be appro-
priated; and no such money shall be issued except by
warrant to be granted bv the Administrator.
MINUTES OF PROCEEDINGS. 103
18. When a proposed ordinance has been passed by a Pro-
vincial Council it shall be presented to the Governor-
General-in-Council for his assent. The Governor-
General-in-Council shall declare within one month
from the presentation to him of the proposed ordinance
that he assents thereto, or that he withholds assent, or
that he reserves it for further consideration. A pro-
posed ordinance so reserved shall not have any force
unless and until within one year from the day on which
it was presented to the Governor-General-in-Council he
makes known by proclamation that it has received his
assent. A proposed ordinance so assented to and pro-
mulgated shall subject to this Act have the force of
law within the Province.
19. The Governor-General-in-Council may appoint from
time to time one or more persons to audit the accounts
of the Provincial Councils. There shall be paid to such
auditors out of the revenues of the Union Government
such salaries as the Parliament shall direct.
Such auditors shall report from time to time to the
Governor-General and the Administrators their appro-
val or disapproval of the accounts, with such remarks
and observations in relation thereto as they may think
fit, and such report shall be laid before the Parliament
and the Provincial Councils, together with the ac-
counts of the year to which the same may relate.
20. The Administrator of every Province and the Mem-
bers of every Executive Committee not having a seat in
the Provincial Council shall have the right to take part
in the debates of the Council, but they shall not be
entitled to vote.
21. All powers, authorities and functions lawfully exer-
cised at the time of the proclamation of the Union by
divisional or municipal councils, or any other duly
constituted local authority, shall be and remain in
force until altered or amended by the Parliament of
the Union or by the Provincial Council having power
in that behalf.
22. In all matters in respect of which powers of adminis-
tration have been or may hereafter be entrusted to the
Provincial Councils the powers and functions which by
law are at the Union vested in or excrcisable by the
Governor or any Minister of the Crown of the Colonies
as existing at the date of the Union, shall, so far as
they are capable of being exercised after Union, be
vested in and exercisable by the Administrators of the
corresponding Provinces respectively.
2-3. The Parliament of the Union may on the petition of
the Provincial Council of any Province alter or amend
the boundaries of such Province or may divide such
Province into two or more Provinces.
104 SOUTH AFRICAN NATIONAL CONVENTION, 1908 — '09.
Your Committee have not dealt with the notices of
motion Nos. 18 and 19 by Mr. Merriman on pages 91-92,
relating to Provincial revenue and expenditure, being
of opinion that it is desirable to consider such matters
in conjunction with the general question of finance and
trade, and that such general question should be re-
ferred to a special Committee of the Convention, con-
sisting of two members of each delegation to be nomi-
nated by the Prime Ministers and one for Rhodesia.
Gen. Botlia moved : That the Convention do not proceed
with the ordinary business of the day until two o'clock p.m.,
in order to enable members to discuss this report informally
before its consideration by the Convention.
After discussion,
This motion was put and agreed to.
3. The President submitted an invitation from Rear- Ad-
miral G. le C. Egerton, C.B., to visit the Selborne Dock,
Simon's Town, 011 Tuesday, the 15th instant.
On the motion of Dr. Smartt,
The invitation was accepted.
4. The President submitted an invitation from the Consis-
tory of the Dutch Reformed Church, requesting the Conven-
tion to attend a Special Service at the Adderley Street Church
on Sunday, the 13th instant.
On the motion of Mr. Malan,
The invitation was accepted.
Business suspended at half-past ten o'clock a.m.
Two o'clock p.7n.
Business resumed.
5. Minutes of two previous meetings confirmed.
6. Gen. Botha moved: That business be again suspended
until three o'clock, to enable members to further consider the
report of the Committee on Provincial Constitutions, and that
the Convention adjourn to-day at five o'clock.
Agreed to, and business was accordingly suspended at ten
minutes past two o'clock p.m.
Three o'clock p.m.
Business resumed.
7. The Convention proceeded to the consideration of the
Report of the Committee on Provincial Constitutions [pages
99-104 .
Resolution Xo. 1 [page 99] put.
Discussion ensued.
On the motion of Mr. Malan,
It was resolved that the further consideration of this resolu-
tion stand over.
Resolution Xo. 2 [page 99] put.
Discussion ensued.
On the motion of Mr. Van Heerden,
It was resolved that the further consideration of this resolu-
tion stand over.
Resolution Xo. 3 [page 99] put.
MINUTES OF PROCEEDINGS. 105
Mr. Hyslop moved, as an amendment: After ''consisting
of " to make the remainder of the resolution a sub-section (a),
and to add thereafter " or (b) one half of the number of
members of the existing Legislative Assembly in the
Province."
After discussion,
Mr. Hyslop moved : That the further consideration of this
resolution stand over, which was put and negatived.
The amendment proposed by Mr. Hyslop was then put, and
the Convent ion divided :
"AYES," 5. Fischer, Mr.
Greene, Col. Hertzog, Gen.
Hyslop, Mr. Hull, Mr.
Moor, Mr. Jagger Mr.
Morcom, Mr. Jameson, Dr.
Smythe, Mr. Lindsay, Mr.
" vm?Q " o^ Maasdorp, Mr.
jjjb' ~°' Malan, Mr.
Beck, Dr. Merrirnan, Mr.
Botha, Gen. Saner, Mr.
Browne, Mr. Smartt, Dr.
Burger, Gen. Smuts, Gen.
De la Key, Gen. Stanford, Col.
De Villiers, Sir J. H. Steyn, Mr.
De Wet, Gen. Van Heerden, Mr.
Farrar, Sir G. H. Walton, Mr.
Fitzpatrick, Sir J. P.
The amendment accordingly negatived.
Gen. Smuts moved: To add "provided that in Provinces
whose representatives in the Hoiise of Assembly shall be less
than twenty-five the Provincial Council shall consist of
twenty-five members."
Mr. Mai an moved : To add " provided that in the case of
Natal and the Orange River Colony the said number may be
doubled at the option of the existing Parliaments of those
Colonies."
This amendment having been put and negatived,
The amendment proposed by General Smuts was put and
agreed to.
Motion, as amended, put and agreed to, vi/. : —
•">. There shall be a Provincial Council in each Province,
consisting oi the same number of Members as arc elected for
1hc House of Assembly in tho Province: provided that in
Province's v/ho-o representatives in (lie TTouse of Assembly
shall be less than twenty-five the Provincial Council shall
of twentv-five Members.
lution Xo. 4 [page !)!» ' put.
(rcn. X/////,'x moved: To add "provided that in Provinces
whose representative-; in the House of Assemblv shall be less
i,' number than twentv-five the delimitation of the electoral
areas and any necessary re-distribution or adjustment thereof
shall be effected by the same Commissions and on the same
106 SOUTH AFRICAN NATIONAL CONVENTION, 1908 — '09.
principles as are prescribed in regard to the electoral areas for
the House of Assembly. The elections shall take place at
such times as the Administrator shall by proclamation direct,
and the laws applicable to the election of Members of the
House of Assembly shall mutatis mutandis apply to such
elections.
Agreed to.
Resolution, as amended, put and agreed to, viz.: —
4. The Members of the Provincial Council shall be
elected by the persons qualified to vote for the election
of Members of the House of Assembly in the Province
voting in the same electoral areas as are delimited for
the election of Members of the House of Assembly and
on the same system of proportional representation : pro-
vided that in Provinces whose representatives in the
House of Assembly shall be less in number than
twenty-five the delimitation of the electoral areas and
any necessary re-distribution or adjustment thereof
shall be effected by the same Commissions and on the
same principles as are prescribed in regard to the elec-
toral areas for the House of Assembly. The elections
shall take place at such times as the Administrator
shall by proclamation direct, and the laws applicable
to the election of Members of the House of Assembly
shall mutatis mutandis apply to such elections.
Resolutions Xos. 5, 6 and 7 [page 100] put and agreed to.
Resolution Xo. 8 [page 100] put.
Mr. J agger moved: To omit all the words after "proceed-
ings."
After discussion,
This amendment was put and negatived.
Mr. Merrvman moved : After "Provincial Council " to in-
sert " to elect its own chairman and."
Agreed to.
Resolution, as amended, put and agreed to, viz. : —
8. It shall be lawful for every Provincial Council to elect
its own Chairman and to make rules for the conduct of its
proceedings. Such rules shall be transmitted by the Admin-
istrator to the Governor-General, arid shall have full force
and effect unless and uniil the Govern or-General-in-Council
shall express his disapproval thereof by writing addressed to
the Administrator.
Mr. M crri man moved, as a new section :
The Provincial Council shall have the power to fix the
allowances to lie drawn by the Members of such Council sub-
ject to the approval of the Governor-General-in-Council.
Mr. Saner moved, as an amendment:
I'lie Membeis of Provincial Councils shall receive such
allowances as shall be determined by the Governor-General-
in-f 'ouncil .
Agreed to, and the motion proposed by Mr. Merrimaii;
accordingly dropped.
MINUTES OF PROCEEDINGS. 107
Resolution No. (J [page 1W)J put.
Mr. Jayyer moved, as un amendment: To add "The pro-
ceedings of the Provincial Council shall be public, but no
Member shall be liable to be impeached or questioned in any
Court or place outside such Council for any words uttered
therein."
This amendment having been put and negatived,
The resolution as proposed was put and agreed to.
8. On the motion of Mr. Merriman, the Convention ad-
journed at ten minutes to five o'clock p.m.
CAPE TOWN, Thursday, SRD December, 1908.
Ten o'clock a.m.
1. All the Members were present, except Sir William
Milton.
2. Consideration of Report of Committee on Provincial
Constitutions [pages 99-104J resumed.
The President stated that when this Report was under con-
sideration yesterday, Resolutions Nos. 1 and 2 stood over, and
the remainder up to and including No. 9 had been agreed to.
Resolution No. 10 [page 100] put.
Mr. Malan moved, as an amendment: After "persons " to
omit "such"; after "such Province" to omit "to assist
and advise the Administrator, and with him"; and after
" form " to insert " with the Administrator."
Gen. Hertzof] moved : To omit " on the system of propor-
tional representation."
Discussion ensued.
Business suspended at eleven o'clock a.m.
Quarter-past eleven o'clock a.m.
Business resumed.
o. Minutes of previous meeting confirmed.
4. Discussion on Resolution No. 10 of Report of Committee
on Provincial Constitutions [page 100] continued.
Mr. Fischer moved: To omit "not less than three and not
more than."
After discussion,
With leave of the Convention,
This amendment, and the amendment proposed by Gen.
Hertxog were withdrawn.
The amendment proposed by Mr. Malan was put and agreed
to.
Mr. Xtnicr moved: After "Executive Committee," where
it first occurs, to omit "of" and substitute "for."
Agreed to.
Gen. S in ut.< moved: To add "Any casual vacancy arising
in the Executive Committee of the Province shall likewise be
filled by election by the Provincial Council if then in Session,
or, if not, then as soon as practicable after the commencement
of the next Session."
108 SOUTH AFRICAN NATIONAL CONVENTION, 1908 — '09.
Dr. Smartt moved, as an amendment to the last amend-
ment: To omit all the words after "or if" and substitute
" the Council is not then in Session the Executive Committee
may appoint a person as temporary Member until the Council
can fill the vacancy."
Agreed to.
Amendment, as amended, put and agreed to.
Resolution, as amended, put and agreed to, viz. : —
10. Each Provincial Council shall at its first meeting after
any general election, elect from among its members, or,
otherwise, on the system of proportional representation
not less than three and not more than five persons, as
shall be prescribed by the Governor-General-in-Council
in respect of such Province, to form with the Adminis-
trator an Executive Committee for the Province. Each
Executive Committee shall hold office until the election
of the next succeeding Executive Committee in the
same manner. The members of the Executive Com-
mittee shall receive such remuneration as the Provin-
cial Council, with the approval of the Governor-Gen-
eral-in-Coimcil shall determine. A member of the
Provincial Council shall not be disqualified from sit-
ting as a member by reason of his having been elected
as a member of the Executive Committee. Any casual
vacancy arising in the Executive Committee of the
Province shall likewise be filled by election by the Pro-
vincial Council if then in Session, or if the Council is
not then in Session the Executive Committee may ap-
point a person as temporary member until the Council
can fill the vacancy.
Resolution Xo. 11 [page 100] put.
Dr. Smartt moved : To omit " both a deliberative and,"
and to add at the end " only."
Gen. Smuts moved: To omit "Provincial"; after " ad-
ministration " to insert " of Provincial affairs "; and to omit
" and shall be jointly responsible for all the administrative
nets of the Province."
These amendments put and agreed to.
Gen. Sin n1 K moved: To add "Provided that whenever
there is no Executive Committee in existence in anv Province
the Administrator shall as soon as practicable convene a meet-
ing of the Provincial Council for the purpose of electing an
Executive Committee, and until such election the Adminis-
trator shall carry on the administration of Provincial affairs."
After discussion,
This amendment was put and agreed to.
Mr. Sitii/llif moved : To add " Three Members of an Execu-
tive Committee shall form a quorum."
After discussion,
\Viih leave of the Convention,
Tins amendment was withdrawn.
MINUTES OF PROCEEDINGS.
Mr. Smythe then moved: To add "It shall be lawful for
every Executive Committee to make rules for the conduct of
its proceedings."
Agreed to.
Resolution, as amended, put and agreed to, viz.: —
11. The Executive; Committee shall on behalf of the Coun-
cil carry on the administration of Provincial affairs.
In case of a difference of opinion, the decision shall be
according to the opinion of the majority, and the Ad-
ministrator, as President, shall have a casting vote
only. Provided that whenever there is no Executive
Committee in existence in any Province the Adminis-
trator shall as soon as practicable convene a meeting of
the Provincial Council for the purpose of electing an
Executive Committee, and until such election the Ad-
ministrator shall carry "n the administration of Pro-
vincial affairs. It shall be lawful for every Executive
Committee to make rules for the conduct of its pro-
ceedings.
Gen. Smuts moved, as a new section :
In regard to matters the administration of which has not
been delegated to the Provincial Councils the Administrator
shall act on behalf of the Governor-General-in-Council when
required to do so, and in such matters he may act without re-
ference to the other Members of the Executive Committee.
Agreed to.
The Convention reverted to Resolution Xo. 1 [page 99]
standing over.
Gen. Smuts moved: To add "The Governor-General-in-
Council may from time to time appoint a Deputy Adminis-
trator to execute the offices and functions of Administrator
during his absence, illness or other inability."
Agreed to.
Resolution, as amended, put and agreed to, viz. :
1. In each Province there shall be a Chief Executive
Officer appointed by the Governor-General-in-Council,
who shall be styled the Administrator of the Province.
In the appointment of Administrators for any Pro-
vince the Governor-General-in-Council shall as far as
practicable give preference to residents in such Pro-
vince.
Such Administrators shall hold office for a term of
five year-;, and shall not he removable except for cause
assigned, which shall be communicated by message to
both Houses of Parliament within one week after the
removal if Parliament be then silting, and if not with-
in oiK1 week after the commencement of the next en-
suing Session.
The Governor-General-in-Council may from time to
time appoint a Deputy-Administrator to execute the
office^ and functions of Administrator during his
absence, illness or other inability.
110 SOUTH AFRICAN NATIONAL CONVENTION, 1908 — '09.
Resolution No. 2 [page 99] standing over put and agreed
to.
*Resolution No. 12 [page 101] put, and, after discussion, it
was resolved that the further consideration of this resolution
stand over.
The Convention then considered the recommendations of
the Committee [pages 101-102] in regard to Resolution No. 13
[pages 86-87 as originally passed].
Gen. Smuts moved, as an unopposed motion : That sub-
section (3) be omitted.
Discussion ensued.
Business suspended at one o'clock p.m.
Two o'clock p.m.
Business resumed.
Mr. Moor moved : That sub-section (3) stand over for
further consideration, which was put and negatived.
The omission of the sub-section was then put and agreed to.
The President put the recommendation of the Committee to
omit from sub-section (8) " in the opinion of the Governor-
Geiieral-in-Council . ' '
Gen. Hertzog moved, as an amendment : To add to the sub-
section : " Provided that it shall be competent for the Gover-
nor-General-in-Council to declare by proclamation that any
matter of a local or private nature shall be reserved for legis-
lation by the Union Parliament."
Mr. Hull objected.
The recommendation of the Committee was then put and
negatived, and it was resolved to transpose this sub-section to
the end ol the resolution.
The proposed new sub-section (11) [page 102] put, and the
Convention divided :
"AYES," 9. Burger, Gen.
De la Rev, Gen.
De Villiers, Sir J. H. De Wet, 'Gen.
Farrar, Sir G. H. Fischer, Mr.
Greene, Col. Fitzpatrick, Sir J. P.
Hyslop, Mr. Hertzog, Gen.
Moor, Mr. Hull, Mr.
Morcrm, Mr. Jagger, Mr.
Smuts, Gen. Jameson, Dr.
Smythe, Mr. Lindsay, Mr.
Stoyn, Mr. Maasdorp, Mr.
Malan, Mr.
Merriman, Mr.
' NOES," 21. Saner, Mr.
Smartt, Dr.
Beck, Dr. Stanford, Col.
Boihu. G(MI. Van Heerden, Mr.
Browne, Mr. Walton. Mr.
Seepage 2 IS.— G.R.H.
MINUTES OF PROCEEDINGS. Ill
The sub-section accordingly negatived.
The proposed new sub-section (12) [page 102J put.
Discussion ensued.
5. On the motion of Mr. Malan, the Convention adjourned
at four o'clock p.m.
CAPE TOWX, Friday, 4xn December, 1908.
Ten o'clock a.m.
1. All the members were present, except Sir William
Milton.
2. Consideration of lieport of Committee on Provincial
Constitutions [pages 99-l"4] to be resumed.
The President stated that when the Convention adjourned
yesterday, the recommendations of the Committee in regard
to Resolution No. 1-3 [pages 86-87 as originally passed] were
under consideration, and the proposed new sub-section (12)
[page 102 J had been put.
Gen Botha moved, as an amendment: To add '' for a
period of ten years."
Discussion ensued.
Business suspended at eleven o'clock a.m.
Quarter-past eleven o'clock a.m.
Business resumed.
3. Minutes of previous meeting confirmed.
4. Consideration of recommendations of Committee on Pro-
vincial Constitutions in regard to Resolution No. 13 con-
tinued.
Mr. Fischer moved : To add " unless and until Parliament
shall otherwise decide : provided, however, that Parliament
shall not for a period of five years after the taking effect of
the Union alter or repeal any law or laws dealing with such
education in any Province except with the consent or at the
request of the Provincial Council thereof."
Business suspended at one o'clock p.m.
Two o'clock p.m.
Business resumed.
With leave of the Convention,
The amendments proposed by General Botha and Mr.
Fischer were withdrawn.
Gen. Butha then moved: To add "for a period of five
years, and thereafter until Parliament otherwise provides."
After discussion,
This amendment was put and agreed to.
Sub-section, as amended, put and agreed to, viz. :
(12). Education, other than higher education, for a period
of five years, and thereafter until Parliament otherwise pro-
vides.
Sub-sections (13) and (14} [page 102] put and agreed to.
Mr. Fischer moved: That sub-section (5) be amended l>r
112 SOUTH AFRICAN NATIONAL CONVENTION, 1908 — '09.
adding " provided that nothing in this sub-section contained
shall be taken to apply to Councils in Native Reserves or
Territories."
Sir Percy Fitzpatrick objected.
Resolution No. 13 as amended put and agreed to (see below).
Resolution No. 14 [page 102 J put.
Gen. Hcrtzog moved : To omit " the Provincial Councils
shall through"'; after "Committees" to insert "of the Pro
vmces shall"; and after "delegated to" to omit "them" anr1
substitute "the Provincial Councils."
Discussion ensued.
Mr. Mai an moved : To omit all the words after " Parlia-
ment " where it first occurs to the end.
These amendments and the original resolution put and
negatived.
Mr. Malan then moved, as an unopposed motion : That the
Convention revert to Resolution No. 13, and insert therein as
a penultimate sub-section :
Such other subjects in respect of which Parliament shall
delegate the power of making ordinances to the Provincial
Councils.
Agreed to.
Resolution No. 13, as now amended, put and agreed to,
viz. : —
.13. Subject to the provisions of this Act the Adminis-
trator, with the advice and consent of the Provincial
Council, may make ordinances in relation to matters
coming within the following classes of subjects, that is
to say : —
(1) Direct taxation within the Province in order to
the raising of a revenue for Provincial purposes.
(2) The borrowing of money on the sole credit of the
Province, with the consent of the Governor-Gen-
eral-in-Council, and in accordance with regula-
tions to be framed by Parliament.
(3) The establishment, maintenance and manage-
ment of hospitals and charitable institutions.
(4) Municipal institutions, divisional councils, and
other local institutions of a similar nature.
(5) Local works and undertakings within the Pro-
vince other than Railways, Harbours, and such
works as extend beyond the borders of the Pro-
vince and subject to the power of Parliament to
declare any work a national work", and to provide
for ils construction by arrangement with Provin-
cial Councils or otherwise.
((')} The imposition of punishment by fine, penalty or im-
prisonment for enforcing any law or ordinance of
ihe Province, made in relation to any matter coin-
in H' within any of the classes of subjects enumer-
ated in 1 his so<-t ion.
(7) lluads. outspans, pouts and bridges, other than
bridges connect in'1' two Provinces.
MINUTES OF PROCEEDINGS. 113
(8) Markets and pounds.
(9) Education, other than higher education, for a
period of five years, and thereafter until Parlia-
ment otherwise provides.
(10) Agriculture, to the extent and subject to the con-
ditions to be defined by Parliament.
(11) Fish and game preservation.
(12) Such other subjects in respect of which Parlia-
ment shall delegate the power of making ordi-
nances to the Provincial Councils.
(13) Generally all matters which in the opinion of the
Governor-General-in-Council are of a merely local
or private nature in the Province.
•Gen. Smuts moved, in lieu of Resolution Xo. 14 [page 102] :
14. Subject to the provisions of any law passed by Parlia-
ment regulating the conditions of appointment, tenure
of office, retirement and superannuation of public offi-
cers, the Provincial Councils shall have power to ap-
point such officers as may be necessary to carry out the
services entrusted to them and to make and enforce re-
gulations for the organization and discipline of such
officers.
After discussion,
This motion was put and agreed to.
Resolution Xo. 15 [page 102] put.
Gen. Smuts moved : To omit " the Union."
Agreed to.
Resolution, as amended, put and agreed to, viz.: —
15. It shall be lawful for any Provincial Council to re-
commend to Parliament the passing of any law relat-
ing to matters not falling- within the powers delegated
to such Council.
Resolutions Xos. 10, IT* and 18 [pages 102-103] put and
Lgreed to.
Resolution Xo. 19 [page 103] put.
Mr. Jagger moved, as an amendment :
19. The accounts of each Provincial Council shall be
audited annually by one or more persons appointed for
that purpose by the Governor-General-in-Council, such
accounts together with the report of the Auditors
thereon shall be presented to the Governor-General by
the respective Administrators, and shall bo laid before
Parliament and the reflective Provincial Councils.
The Auditors shall bo paid out of the revenues of the
T nion Government such salaries ;>s Parliament may
direct.
Discussion ensued.
On the motion of Mr. Merriman,
The debate wa< adjourned.
5. On the motion of Mi-. Mornman. the Convention ad-
'.ourned at five minute^ to four o'cloc
114 SOUTH AFRICAN NATIONAL CONVENTION, 1908 — '09.
CAPE TOWN, Monday, TTH December, 1908.
Ten o'clock a.m.
1. All the members were present, except Sir William
Milton and Mr. Coghlan.
2. Gen. Smuts moved, as an unopposed motion: That a
Committee be appointed to make recommendations in regard
to finance and trade for the consideration of the Convention,
the Committee to consist of two members from each delega-
tion, to be nominated by the Prime Ministers, and one from
Rhodesia.
Agreed to.
The members of the Committee were then nominated, as
follows: Cap*.' of Good Hope, Mr. Merriman,* Mr. Jagger;
Natal, Mr. Hyslop, Col. Greene; Transvaal, Mr. Hull, Sir
George Farrar; Orange River Colony, Mr. Fischer, Mr.
Browne; Rhodesia, Sir Lewis Michell.
3. Mr. M.alan moved : That the motion proposed by Mr.
Merriman on Union Assets and Liabilities [page 21], the
debate upon which had been adjourned, be referred to the
Committee now appointed, as well as the following notices of
motion relating to finance, viz. : —
1. After the establishment of the Union and until other-
wise provided by Parliament, there shall be annually
paid out of the revenues of the Union to the Adminis-
trator of each Province :
(«) An amount equal to the sums expended out of the
public funds of the Colony previously constituting
such Province in the financial year 1908 to 1909
upon education, other than higher and technical
education, and upon all other services in respect of
which powers of administration have been of may
hereafter be entrusted to the Provincial Council of
each Province. The amount of such sums shall
be ascertained by the Auditor-General of the
Union.
(6) Such further sums as the Parliament shall con-
sider necessary for the services of the provincial
administration.
2. All sums directed to be paid to the Administrator for
the services of the Provinces, shall be charged and paid
out of the revenues of the Union at such times and in
such instalments as the Governor-General-in-Council
may direct.
Agreed to.
4. Tli.c I' resident submit ted a letter from the Rev. T. Henry
Jones, dated Beaeonsfield, the 28th ultimo, forwarding an ex-
tract from the proceedings of the Diamond Fields Ministers'
Association, on the subject of a uniform code of marriage laws
for the whole country.
5. Gen. liotlin moved: That from and after to-day the
sittings ot the ('(invention be held in the afternoon from 2
* Mr. fiauer was subsequently nppcmited as Mr. Merriman's. alternate, although
the appointment is not no.rded. — G.R.II.
MINUTES OF PROCEEDINGS. 115
to 5 p.m. instead of from 2 to 4 p.m. as heretofore, and that
the previous order of the 24th ultimo, regulating the sittings
of the Convention, in so far as it relates to afternoon sittings,
be rescinded.
Agreed to.
6. Consideration of Report of Committee on Provincial Con-
stitutions [pages 99-104] resumed.
The President stated that when the Convention adjourned
on Friday, Resolution No. 19 [page KKJ | had been put,
and the following amendment had been moved by Mr.
Jagger :
19. The accounts of each Provincial Council shall be
audited annually by one or more persons appointed
for that purpose by the Governor-General-in-Council,
such accounts together with the report of the Audi-
tors thereon shall be presented to the Governor-
General by the respective Administrators, and shall
be laid before Parliament and the respective Pro-
vincial Councils. The Auditors shall be paid out of
the revenues of the Union Government such salaries
as Parliament may direct.
Mr. Mcrriman moved : The Governor-General-in-Council
shall appoint a fit person to be the Auditor of Accounts in
each Province, and such Auditor shall not be removed from
office except for cause shewn which shall be communicated
in writing to him, and laid before Parliament within seven
days if in session or within seven days after its next meeting,
and he shall be paid out of the general revenue such salary
as the Governor-General-in-Council may, subject to the ap-
proval of Parliament, direct. Such Auditor shall examine
and audit the accounts of the Province subject to such regu-
lations and orders as may be framed in that behalf by the
Governor-General-in-Council, and approved by Parliament,
and every warrant conveying the authority for expenditure
issued by the Administrator shall be countersigned by the
Auditor of the Province.
Mr. Hyxlop moved : To omit all the words from " Such
Auditor shall " to the end.
After discussion,
The original motion was put and negatived.
With leave of the Convention,
The amendments proposed by Mr. Jagger and Mr. Hyslop
\\ere withdrawn.
The amendment proposed by Mr. Merriman was then put as
the main question and agreed to.
Resolution No. 20 fpago KKV] put.
Mr. Hys'lop moved : To omit "The Administrator of every
Province and''
After discussion,
This amendment wa> put and negatived.
On the motion of the President,
The word "'other'' was inserted before "Members."
116 SOUTH AFRICAN NATIONAL CONVENTION, 1908 — '09.
Resolution, us amended, put and agreed to, viz: —
20. The Administrator of every Province and the other
members of every Executive Committee not having
a seat in the Provincial Council shall have the right
to take part in the debates of the Council, but they
shall not be entitled to vote.
Resolution No. 21 [page 10-'>] put and agreed to.
Resolution No. 22 [page 10-JJ put.
Gen. Smuts moved: To omit "be vested in" and substi-
tute "delegated to."
Mr. Jfi;/(jd- moved: After " Administrators " to insert " or
the Executive Committees."
Discussion ensued,
Business suspended at eleven o'clock a.m.
Quarter past eleven o'clock a.m.
Business resumed.
7. Minutes of previous meeting confirmed.
8. Discussion on Resolution No. 22 of Report of Committee
on Provincial Constitutions continued.
Mr. Merriman moved :
22. Subject to the provisions of this Act all powers duties
and functions which at the date of the Union are
lawfully vested in or exercised or performed by the
Governor or Minister of any Colony shall after the
Union, in so far as powers, duties and functions are
reserved or delegated to the Provincial Councils, be
performed and exercised by the Administrator of the
province.
Mr. Malan moved : All administrative acts of the Execu-
tive Committee as well as those of the Administrator of every
Province, shall be performed in the name of the Adminis-
trator.
After discussion,
The amendment proposed by Mr. Merriman was put and
agreed to as the main question, and the original motion and
the amendments thereon dropped.
Resolution No. 20 [page 10-'i] put.
^[r. \Valtoii moved : To omit "on the petition of the Pro-
vincial Council of any Province," and to omit "such" where
it occurs and substitute "any."
After discussion,
With leave of the Convention,
This amendment was withdrawn.
.!//-. Walton then moved : That the further consideration
of lliis Resolution stand over until to-niorrow.
Agreed to.
I he President stated that the consideration of Resolution
No. 12, on provincial capitals, stood over until the question of
tlie capital of the I'mon had been disposed of, and that the
final recommendation of the Committee on revenue and ex-
penditure had already been dealt with this morning by the
appointment of the Finance1 Committee.
MINUTES OF PROCEEDINGS. 117
9. Col. Stanford moved : Until Parliament shall other-
wise decide, the general control and administration of Native
affairs throughout South Africa shall vest in the Governor-
General-in-Council who shall also exercise all special powers
in regard to native administration hitherto vested in Gov-
ernors of States and corresponding with or substituted for the
prerogatives of paramount Chief over and in respect of any
independent native tribe. Included among the special
powers referred to in this section shall he deemed and taken
to he :
The powers as Supreme Chief, of the Governor of Natal;
The powers of the Governor of the Transvaal in succession
to the State President, as Paramount Chief over all
Chiefs and Natives under Law No. 4 of 1885;
The ] towers of the Governor of the Cape Colony in regard
to the proclamation of laws in the Transkeian Territories
declared by Act No. 29 of 1897.
The powers of control by the Governor of the Cape Colony
over the Glen Grey District Council, the Transkeian Ter-
ritories General and District Councils and similar Native
bodies.
And all such similar and special powers in regard to Native
administration as shall fall within the true intent and
meaning of the section :
Provided that the Governor-General-in-Council may dele-
gate to any Provincial Council or to the Administrator such
powers as he may deem advisable for the local administration
of native affairs within such Province : and provided further
that the powers now exercised by Divisional and Municipal
Councils, and by Village Management Boards over the na-
tives within their areas, shall continue undisturbed.
After discussion,
On the motion of Gen. Smuts,
The debate was adjourned .fine die.
10. On the motion of Mr. Merriman, the Convention ad-
journed at a quarter to one o'clock p.m.
CAPE TOWN, Tuesday, STH December, 1008.
Ten o'clock a.m.
1. All the members were present, except Sir William
Milton and Mr. Coghlan.
2. Tlic President, as Chairman, brought up the Report of
the Committee, appointed by resolution of the Convention
dated the oth ultimo, [page 70] to consider and report upon
certain proposals of the President in regard to the Adminis-
tration of Justice, as follows: —
Your Committee have considered the proposals* submitted
by the President in lieu of those on pages 62-G3. of which
he had previously given notice and have agreed to the
following1 rcsolut ions :
* Xo record of these proposals is available. — G.R.TI.
118 SOUTH AFRICAN NATIONAL CONVENTION, 1908 — '09.
1. There shall be a Supreme Court of South Africa con-
sisting of a Chief Justice of South Africa, the ordinary
Judges of Appeal, and the Chief Justices and Judges
of the several Supreme Courts of the provinces, in-
cluding the High Court of the Orange province.
2. There shall be an Appellate Division of the Supreme
Court of South Africa consisting of the Chief Justice of
South Africa, two ordinary Judges of Appeal and two
additional Judges of Appeal. Such additional Judges
of Appeal shall from time to time be temporarily as-
signed by the Governor-General-in-Council to the
Appellate Division, but shall continue to perform their
duties as Judges of their respective Courts when their
attendance is not required in the Appellate Division.
3. It shall be lawful for the Governor-General-in-Council
during the absence, illness or other incapacity of the
Chief Justice of South Africa or of any ordinary
Judge of Appeal to appoint a Judge of a Supreme or
High Court of any Province to act temporarily as such
Chief Justice or ordinary Judge of Appeal.
4. The several Supreme Courts of the Cape of Good Hope,
Natal and the Transvaal and the High Court of the
Orange Province shall on the establishment of the
Union become divisions of the Supreme Court of South
Africa, and shall in addition to any original juris-
diction exercised by them at the date of Union have
jurisdiction within the limits of their respective Pro-
vinces in all matters : —
i. In which the Government of the Union, or a per-
son suing or being sued on behalf of such Govern-
ment, is a party.
ii. In which the validity of any Provincial Ordinance
shall come into question.
iii. Affecting the validity of elections of Members of
the Union Parliament and of the Provincial Coun-
cils, provided that on the trial of any election peti-
tion the laws in force relating to Parliamentary elec-
tion petitions at the time of the Union in the Pro-
vince within which such petition shall be tried,
shall j/uitfitiK mutandis apply.
5. The Chief Justice and all other Judges of the Supreme
Court of South Africa to be appointed after the Union
shall be so appointed by the Governor-General-in-
Council and they shall hold office during good be-
haviour. They shall receive such remuneration as
Parliament shall fix, but the remuneration shall not be
diminished during their continuance in office. Judges
and Advocates of the Supreme and High Courts of
the Provinces shall be eligible to be so appointed.
G. 1 ]Hii! any vacancy occurring in any Superior Court
ol her than the Appellate Division, it shall be lawful
lor the Governor-General-in-Council, in case he shall
MINUTES OF PROCEEDINGS. 119
consider that the number of Judges of such Court may
with advantage to the public interests be reduced, to
postpone the filling of the vacancy until Parliament
shall have determined whether such reduction shall
take place.
7. In lieu of any appeal in any case, civil or criminal,
which at the date of Union may be made to the
Supreme or High Court of any Colony from the Eastern
Districts Court, High Court of Griqualand, Witwaters-
raml High Court, High Court of Southern Rhodesia, or
any single Judge Court the appeal shall be made to the
said Appellate Division.
8. In lieu of any appeal in any case, civil or criminal,
which at the date of Union may be made from the
Supreme, or High Court of any Colony to the King-in-
Council the appeal shall be made to the Appellate Divi-
sion, provided that there shall be no limit as to the
amount which should be claimed or awarded in any
civil suit to enable a judgment in such suit to be ap-
pealed against.
9. Except by special leave of the Appellate Division
there shall be no appeal thereto against any judgment
in any civil or criminal suit given by any Superior
Provincial Court on appeal from a Resident Magistrate
or other inferior Court.
10. There shall be no appeal from the Appellate Divi-
sion or from any Provincial Court to the King-in-Coun-
cil, but nothing herein contained shall be construed to
impair any right which the King-in-Council may be
pleased to exercise to grant special leave to appeal from
the Appellate Division to the King-in-Council. The
Parliament may make laws limiting the matters in
respect of which such special leave may be asked, but
proposed laws containing any such limitation shall
be reserved bv the Governor-General for His Majesty's
. ,j
pleasure.
11. It shall be lawful for the Chief Justice of South
Africa and the ordinary Judges of Appeal to make
rules for the conduct of the proceedings of the Appel-
late Division and such rules shall be subject to the ap-
proval of the Governor-General-in-Council and until
such rules shall have been promulgated the rules in
force in the Supreme Court of the Cape of Good Hope
shall mutatis muta7idi$ apply.
12. It shall be lawful for the Chief Justice and other
Judges of the Supreme Court of any Province including
the High Court of the Orange Province to frame rules
for the conduct of its proceedings, and such rules shall
be subject to the approval of the Governor-General-in-
Council after consultation with the Chief Justice of
South Africa. Until such rules shall have been pro-
120 SOUTH AFRICAN NATIONAL CONVENTION, 1908 — '09.
mulgated for any such Court the rules in force therein
at the Union shall continue to apply.
13. The Supreme Court of South Africa shall eit in
but may from time to time for the convenience of
suiters hold its sittings at other places within the
Union.
14. On the hearing of appeals from a Court consisting
of two or more Judges five Judges of the Appellate
Division shall form a quorum, but on the hearing of
appeals from Courts consisting of a single Judge three
Judges of the Appellate Division shall form a quorum.
No Judge shall take part in the hearing of any appeal
against the judgment given in a case heard before him.
15. The process of the Appellate Division shall run
throughout the Union, and all its judgments or orders
shall have full force and effect in every Province, and
shall be executed in such manner as any original judg-
ments or orders of the Provincial Superior Courts
might have been executed.
16. The Registrar of every Provincial Superior Court if
thereto requested by any party in whose favour any
judgment or order has been given or made by any other
Provincial Superior Court, shall, upon the deposit with
him of an authenticated copy of such judgment or
order, and 011 proof that the same remains unsatisfied,
issue a writ or other process for the execution of such
judgment or order, and thereupon such writ or other
process shall be executed in like manner as if it had
been originally issued from the Court of which he is
Registrar.
17. It shall be lawful for any Provincial Superior Court
to which it may be made to appear that any civil suit
depending therein may be more conveniently or fitly
heard or determined in another Provincial Superior
Court to order the same to be removed to such other
Court, and thereupon it shall be lawful for such last-
mentioned Court to proceed with such suit in like
manner as if it had been originally commenced in such
last-mentioned Court.
18. It shall lie lawful for the Governor-General-in-Coun-
cil to appoint a Registrar of the Appellate Division and
such other officers thereof as shall, in the opinion of the
Chief Justice of South Africa, be required for the
proj)er dispatch of the business of the said Division.
.1!). All Advocates and Attorneys of the Superior Courts
<>!' the Provinces shall respectively be entitled to prac-
lise as such in the Appellate Division.
20. The administration of justice throughout the Union
>ha!l be under the control of a Minister of Justice, in
whom sh;ill be vested all powers, functions and
authorities, which shall, at the time of the establish-
ment of the I nion, be vested in the Attorney-Generals
MINUTES OF PROCEEDINGS. 121
of the different Colonies, save and except the duty of
prosecuting for crime and offences, which shall con-
tinue to be performed by the Attorney-General of each
Province, who, if not already a permanent officer, shall
be entitled to remain in office until a permanent At-
torney-General shall have been appointed for such pro-
vince by the Governor-General-in-Council.
3. Consideration of Resolution No. 23 of Report of Com-
mittee on Provincial Constitutions [page 103 J resumed.
The President stated that when this Resolution was under
consideration yesterday, an amendment had been moved by
Mr. Walton [page HG'J, which he had subsequently withdrawn.
Mr. Walton then moved : The Parliament of the Union
may, at the request of at least fifteen members of a Provincial
Council, divide such Province into two or more Provinces
within the area of such Province, but may not otherwise alter
or amend the boundaries of any Province except on the peti-
tion of the Provincial Council of such Province.
After discussion,
The original motion was put and agreed to, viz. : The Par-
liament of the Union may on the petition of the Provincial
Council of any Province alter or amend the boundaries of
such Province or may divide such Province into two or more
Provinces.
The amendment accordingly dropped.
4. Report of Committee on Administration of Justice
[pages 117-121] to be considered.
Resolutions Xo. 1 and Xo. 2 [page 118] put and agreed to.
Resolution Xo. 3 [page 118] put.
Mr. FiscJier moved : To omit "a Judge of a Supreme Court
or High Court of any Province'' and substitute "any Judge
of the Supreme Court of South Africa."
Agreed to.
Resolution, as amended, put and agreed to, viz :
3. It shall be lawful for the Governor-General-in-Council
during the absence, illness or other incapacity of the
Chief Justice of South Africa or of any ordinary Judge
of Appeal to appoint any Judge of the Supreme Court
South Africa to act temoraril as such Chief Justica
of South Africa to act tempor
or ordinary Judge of Appeal.
Resolution Xo. 4 [page 118] put.
Mr. Merriman moved: In sub-section (iii) to omit "in
force" and to insert those words after '•petitions"; and to
omit "such petition shall be tried" and substitute "the elec-
tion shall have taken place."
Mr. Fitclicr moved : To add at the end "unless and until
Parliament shall otherwise provide."
These amendments put and agreed to.
Business suspended at eleven o'clock a.m.
122 SOUTH AFRICAN NATIONAL CONVENTION, 1908 — '09.
Quarter past eleven o'clock a.m.
Business resumed.
5. Minutes of previous meeting confirmed.
6. Consideration of Report of Committee on Administra-
tion of Justice continued.
Resolution No. 4, as amended, put and agreed to, viz. :
4. The several Supreme Courts of the Cape of Good Hope,
Natal and the Transvaal and the High Court of the
Orange Province shall on the establishment of the Union
become divisions of the Supreme Court of South Africa,
and shall in addition to any original jurisdiction exer-
cised by them at the date of Union have jurisdiction
within the limits of their respective Provinces in all mat-
ters : —
i. In which the Government of the Union, or a person
suing or being sued on behalf of such Government, is
a party,
ii. In which the validity of any Provincial Ordinance
shall come into question.
iii. Affecting the validity of elections of Members of the
Union Parliament and of the Provincial Councils, pro-
vided that on the trial of any election petition the laws
relating to Parliamentary election petitions in force at
the time of the Union in the Province within which
the election shall have taken place shall mutatis
mutandis apply, unless and until Parliament shall
otherwise provide.
Resolution No. 5 [page 118] put.
Gen. S/nnts moved: To omit the words "Judges and."
After discussion,
This amendment was put and agreed to.
Resolution, as amended, put and agreed to, viz. :
5. The Chief Justice and all other Judges of the Supreme
Court of South Africa to be appointed after the Union shall
be so appointed by the Governor-General-in-Council, and
they shall hold office during good behaviour. They shall
receive such remuneration as Parliament shall fix, but
the remuneration shall not be diminished during their
continuance in office. Advocates of the Supreme and
High Courts of the Provinces shall be eligible to be so
appointed.
Resolution No. G [page 118] put.
Mr. F/xchcr moved: To omit "Superior Court" and sub-
stitute " division of the Supreme Court of South Africa."
Agreed to.
Resolution, as amended, put and agreed to, viz.: —
0. I'pon any vacancy occurring in any division of the
Supreme Court of South Africa other than the Appellate
Division, \\ shall be lawful for the Governor-General-in-
Council, in case he shall consider that the number of
Judges of such Court may with advantage to the public
MINUTES OF PROCEEDINGS. 123
interests be reduced, to postpone the filling of the vacancy
until Parliament shall have determined whether such re-
duction shall take place.
Resolutions Nos. 7, 8 and 9 [page 119] put and agreed to.
Resolution Xo. 10 [page 119] put.
_ Dr. Smartt moved : To omit all the words from " the Par-
liament " to the end.
Discussion ensued.
Mr. Jayycr moved : That the further consideration of thift
resolution stand over.
Agreed to.
Resolutions Nos. 11, 12, 13, 14, 15, 1C, IT, 18, and 19-
[pages 119-120 j put and agreed to.
Resolution No. 20 [page 120] put.
Mr. Stcyn moved : To omit " a Minister of Justice " and
substitute " one of the Ministers of State."
Agreed to.
Resolution, as amended, put and agreed to, viz. :
20. The Administration of Justice throughout the Union
shall be under the control of one of the Ministers of State,
in whom shall be vested all powers, functions and authori-
ties, which shall, at the time of the establishment of the
Union be vested in the Attorney-Generals of the different
Colonies, save and except the duty of prosecuting for
crime and offences, which shall continue to be performed
by the Attorney-General of each Province, who, if not
already a permanent officer, shall be entitled to remain
in office until a permanent Attorney-General shall have
been appointed for such Province by the Governor-Gen-
eral-in-Couiicil.
The Convention reverted to Resolution No. 10 [page 119],
standing over.
The amendment proposed by Dr. Sniartt [printed above]
put and negatived.
The resolution was then put and agreed to.
7. On the motion of Mr. Hull, the Convention adjourned
at a quarter to one o'clock p.m.
CAPE TOWN, Wednesday, OTII December, WOS.
Ten o'clock a.m.
1. All the members were present, except Sir William
Milton and Mr. Coghlan.
2. The President moved, as an unopposed motion : All
Judges of the Supreme Courts of the Colonies as existing be-
fore Union, including the High Court of the Orange River
Colony shall thereafter become Judges of the Supreme Court
of South Africa, and shall retain all such rights in regard to
salaries and pensions as they may enjoy at the time of the
establishment of the Union.
Agreed to.
124 SOUTH AFEICAN NATIONAL CONVENTION, 1908 — '09.
3. Gen. BotJia moved : That it is desirable for the Conven-
tion to settle the capital of the Union.
Discussion ensued.
Business suspended at eleven o'clock a.m.
Quarter-past eleven o'clock a.m.
Business resumed.
4. Minutes of previous meeting confirmed.
5. Debate on motion on Union Capital continued.
After discussion,
The motion was put and agreed to.
6. Mr. Fischer moved : That a Committee consisting of the
President and one member from each Colony, to be nominated
by the respective Prime Ministers, be appointed to report as
to the procedure to be followed by the Convention in deciding
as to the capital of the Union; and that the report of the
Committee be considered after the resolutions on which the
Constitution is to be based shall have been settled.
Sir Percy FitzpatricJc moved, as an amendment : To omit
al] the words after " the Union."
After discussion,
This amendment was put, and the Convention divided :
"AYES," 12. "NOES," 18.
Botha, Gen. Beck, Dr.
Burger, Gen. Browne, Mr.
De la Key, Gen. De Villiers, Sir J. H.
Farrar, Sir G. H. De Wet, Gen.
Eitzpatrick, Sir J. P. Fischer, Mr.
Greene, Col. Hertzog, Gen.
Hull, Mr. J agger, Mr.
Hyslop, Mr. Jameson, Dr.
Lindsay, Mr. Maasdorp, Mr.
Moor, Mr. Malan, Mr.
Morcom, Mr. Merriman, Mr.
Smythe, Mr. Sauer, Mr.
Smartt, Dr.
Smuts, Gen.
Stanford, Col.
Steyn, Mr.
Van Heerden, Mr.
Walton, Mr.
The amendment accordingly negatived.
On the motion of Col. Greene,
The debate was adjourned until to-morrow.
7. (hi the motion of Col. Greene, the Convention adjourned
at one o'clock p.m. until to-morrow at two o'clock p.m.
MINUTES OF PROCEEDINGS. 125
CAPE TOWN, Thursday, lOxn December, 1908.
Two o'clock p. in.
1. All the members were present, except Sir William
Milton and Mr. Coghlan.
2. Minutes of previous meeting confirmed.
8. Gen. Smuts moved, as an unopposed motion : That the
question of the taking over of the Protectorates and native
affairs generally, including the motion by Col. Stanford on
native control and administration [page 117J, be referred to a
Committee consisting of the President, the Prime Ministers
and Sir Lewis Michell.
Mr. Fischer moved, as an amendment: That Col. Stanford
be a member of the Committee.
Agreed to.
Motion, as amended, put and agreed to.
4. Gen. Smuts moved, as an unopposed motion: That a
Committee be appointed to frame resolutions for submission
to the Convention on the following subjects: Civil Service,
New Provinces, Alterations of the Constitution, and such
other subjects as the Committee may consider it desirable to
deal with ; such Committee to consist of two members ap-
pointed by each Prime Minister and one appointed by Sir
Lewis Michell.
Agreed to.
The Committee was then nominated, as follows, viz. : —
Cape of Good Hope, Mr. Merriman, Dr. Jameson; Natal, Mr.
Morcom, Mr. Smytlie; Trans raal, Gen. Smuts, Sir Percy
Fit/patriek; Orange River Colony, Mr. Steyn, Gen. Hertzog,
and Rhodesia, Sir Lewis Michell.
n. Mr. Hyslop moved, as an unopposed motion : That the
Finance Committee be requested to consider what financial
relief should be given to the capitals of the Colonies in which
the Union capital is not situated.
Agreed to.
6. Mr. Saner moved, as an unopposed motion : That the
question of the salaries to be paid to Ministers be referred to
the Finance Committee.
After discussion,
The motion was put and negatived.
7. The President moved, as an unopposed motion : That the
question of the salary and allowances of the Governor-General
be referred to the Finance Committee.
Agreed to.
^. Adjourned debate on motion by Mr. Fischer for ccra-
mittee on procedure on selection of Fnion capital [page 124]
resumed.
The President stated that when this debate was adjourned
yesterday, the question before the Convention was: That a
Committee consisting of the President and one member from
each Colony, to be nominated by the respective Prime Min-
isters, be appointed to report as to the procedure to be fol-
126 SOUTH AFRICAN NATIONAL CONVENTION, 1908 — '09.
lowed l>v the Convention in deciding as to the capital of the
Union : " and that the report of the Committee be considered
after the resolution? on which the Constitution is to be based
shall have been settled.
After discussion,
With leave of the Convention,
The words after " the Union " were withdrawn.
Gen. Hertzog moved : That in lieu of the Prime Ministers,
the Committee consist of one member to be nominated by each
Prime Minister.
After discussion,
With leave of the Convention,
This amendment was withdrawn.
The motion, as amended, was then put and agreed to.
The following members were then nominated, to serve with
the President, viz. : Cape of Good Hope, Mr. Sauer; Natal,
Mr. Hyslop; Transvaal, Gen. Botha; and Orange River
Colony, Gen. Hertzog.
9. On the motion of Sir George Farrar, the Convention ad-
journed at twenty minutes past three o'clock until Monday,
the 14th instant, at ten o'clock a.m., in order to enable the
several committees to proceed w7ith their work.
CAPE TOWN, Monday, 14™ December, 1908.
Ten o'clock a.m.
1. All the members were present, except Sir William
Milton and Mr. Coghlan.
2. Minutes of previous meeting confirmed.
3. The President read and put in a letter, dated the 7th
instant, from the Town Clerk, Mafeking, setting forth the ad-
vantages attaching to that place as a site for the Union
capital.
4. Mr. Steyn, as Chairman, brought up the report of the
committee appointed by resolution of the Convention dated
the 10th December, 1908, [page 125] on Civil Service and mis-
cellaneous matters, as follows : —
Your Committee have considered the subjects referred to
them, and have agreed upon the following resolutions: —
The Un ion .
1. It shall be lawful for the King, with the advice of the
Privy Council, to declare by proclamation that, on and
after a day therein appointed, not being later than one
year after the passing of the Constitution Act, the
Colonies of the Cape of Good Hope, Natal, and the Trans-
vaal and the Orange River Colony shall be united in a
Legislative Union under one Government under the name
of South Africa, and on and after that date the said
Co.'oiiies Chilli be so united.
MINUTES OF PROCEEDINGS. 127
But the King may, at any time after the Proclamation,
appoint a Governor-General for the Union.
2. The provisions of the Constitution Act shall, unless it is
otherwise expressed or implied, take effect on and after
the day so appointed.
Civil Service.
3. (i) All officers of the Public Service of the several Col-
onies shall, at the establishment of the Union, become
officers of the Union. As soon as possible after the
passing of the Act of Union the Governor-Gen'eral-in-
Council shall appoint a Civil Service Commission, con-
sisting of not more than three persons, to make recom-
mendations for such re-organisation and readjustment of
the departments of the Public Service existing in the
s-everal Colonies us may be necessary. They shall also
make recommendations in regard to the transfer to each
Province of such officers as may be necessary for the
proper fulfilment of the services assigned to it.
(ii) After the establishment of the Union, and subject to
the provisions to be made by Parliament in that behalf,
there shall be a permanent Civil Service Commission, the
members of which shall be appointed from time to time
by the Governor-General-in-Council, to carry out all laws
and regulations governing the appointment, retirement
and superannuation of public officers, and in particular to
make recommendations for the appointment of persons to
public offices and for the retirement of public officers con-
sequent upon abolition of office or re-organisation of
departments.
(iii) Any officer of the Public Service of the several Colonies
who is not retained in the service of the Union or of a
Province shall be entitled to receive such pension,
gratuity or other compensation as he would have received
in like circumstances if the Union had not been estab-
lished.
(iv) Any officer of the Public Service of the several Colonies
who is retained in the service of the Union or of a Pro-
vince shall preserve all his existing and accruing rights,
and shall be entitled to retire from office at the time and
on the pension or retiring allowance which would have
been permitted to him by law in like circumstances if the
Union had not been established.
(v) The services of no such officer shall be dispensed with
by reason solely of his want of knowledge of either the
English or Dutch language.
-AV;r Provinces.
*4. It shall be lawful for the Parliament to admit to the
Union or to establish new Provinces or Territories and to
make or agree to such terms and conditions, including the
* Referred to Committee on Xatire Affairs. — see page 132. G.R.H.
128 SOUTH AFRICAN NATIONAL CONVENTION, 1908 — '09.
extent of representation in either House of Parliament^
as it thinks fit.
Treaty Rights.
*5. All treaty rights and obligations which, at the establish-
ment of the Union, are binding on any Colony shall be
assumed by the Union.
Amendment of Constitution.
t6. The Parliament may by law repeal or alter any of the
provisions of the Constitution Act, provided that no re-
peal or alteration of any of the provisions affecting the
subject matters specified in Schedule shall be valid
unless the terms of the proposed repeal or alteration shall
have been embodied in resolutions passed by both Houses
of Parliament, sitting together, for which not less than
two-thirds of the total number of members of both Houses
have voted.
(Mr. Morcom proposed that any repeal or alteration of
the provisions of the Constitution Act should be passed
by an absolute majority of members of both Houses of
Parliament, but this proposal was negatived; the Com-
mittee, however, undertook to bring this point to the
notice of the Convention in the event of Mr. Morcom
not being present when the report of the Committee
comes up for discussion.)
Schedule of Matters Reserved.
(Resolution No. 6.)
1. Native Franchise in the Cape Colony.
2. Basis of representation.
3. The Language Question.
On the motion of Mr. Steyn,
Resolved : That the report be considered to-morrow.
5. Mr. Sinytlie moved, as an unopposed motion: That the
Convention at its rising on Saturday adjourn until Monday,
the llth January.
After discussion,
On the motion, of Mr. Hyslop,
The debate was adjourned until Wednesday.
G. On the motion of Mr. Sauer,
The following alternates were appointed on the Committee
on iho Union Capital, viz. : Mr. Maasdorp for Mr. Sauer and
Col. Greene for Mr. Hyslop.
7. On Hie motion of Mr. Sauer, the Convention adjourned
at 1 \venty minutes to eleven o'clock a.m., in order to enable
the several committees to proceed with their work.
* Referred to Committee on Finance — see pa<re 131.
t Referred hack to Committee— see page 138. — G-.R.TI.
MINUTES OF PBOCEEDINGS. 129
CAPE TOWN, Tuesday 15-TH December, 1908.
Ten o'clock a.m.
1. All the members were present, except Sir William
Milton and Mr. Coghlan.
2. Report of committee on Civil Service and miscellaneouB
matters considered.
The President stated that the report would be found on
pages 12G-128.
Resolution No. 1 [page 12G] put.
Gen. Smuts moved, as an amendment :
1. It shall be lawful for the King, with the advice of the
Privy Council, to declare by Proclamation that, on and
after a day therein appointed, not being later than one
year after the passing of this Act, any two or more of the
Colonies of the Cape of Good Hope, Natal, the Transvaal
and the Orange River Colony which shall before the pas-
sing of this Act or thereafter before the date of such Pro-
clamation, have agreed thereto by resolutions of their re-
spective Houses of Parliament shall be united in a legis-
lative union under one Government under the name of
South Africa; and on and after the day appointed by such
Proclamation the Government and Legislature of the
Union shall have full power and effect within the Colonies
which shall have so agreed. But the King may, at any
time after the Proclamation, appoint a Governor-General
for the Union.
After discussion,
The amendment was put as the main question and agreed
to.
Resolution No. 2 [page 127] put.
Gen. Smuts moved : In line 1 to omit " the Constitution,"
and substitute "this."
Agreed to.
Resolution, as amended, put and agreed to, viz. : —
2. The provisions of this Act shall, unless it is otherwise
expressed or implied, take effect on and after the day so
appointed.
Resolution No. 3 sub-section (i) [page 127] put.
Mr. Hyslop moved: After "consisting of not" to omit
" more," and substitute " less."
Mr. Walton moved: To omit " consisting of not more than
three persons."
After discussion,
This amendment was put and agreed to, and the amend-
ment proposed by Mr. Hyslop dropped.
Sub-section, as amended, put and agreed to, viz. : —
(i) All officers of the Public Service of the several Colonies
shall, at the establishment of the Union, become officers of
the Union. As soon as possible after the passing of the Act
of Union the Governor-General-in-Council shall appoint a
Civil Service Commission to make recommendations for such
130 SOUTH AFRICAN NATIONAL CONVENTION, 1908 — '09.
reorganisation and re-adjustment of the Departments of the
Public Service existing in the several Colonies as may be
necessary. They shall also make recommendations in regard
to ihe transfer to each Province of such officers as may be
necessary for the proper fulfilment of the services assigned
to it.
Sub-section (ii) [page 127] put.
Mr. Walton moved: To omit " Governor-General-in-Coun-
cil," and substitute 'Parliament"; and after "public
offices " to insert " whether of the Union or of the Provinces."
Discussion ensued.
Business suspended at eleven o'clock a.m.
Quarter-past eleven o'clock a.m.
Business resumed.
3. Minutes of previous meeting confirmed.
4. Discussion resumed on sub-section (ii) of Resolution No.
3 of Committee on Civil Service.
With leave of the Convention,
The amendments proposed by Mr. Walton were withdrawn.
'Sub-section, as moved, put and agreed to.
Mr. Walton moved : That the following be a new sub-
flection : —
(iii) If the Governor-General-in-Council or the Executive
'Committee of a Province, as the case may be, shall act other-
wise than on the recommendation of the Commission they
shall state in writing their reason for such action, and such
statement shall be laid before Parliament within fourteen
days of the taking of such action if Parliament shall be then
in session, and if not then within fourteen days of the com-
mencement of the next ensuing session of Parliament.
After . discussion,
* The sub-section was put, and the Convention divided :
" AYES," 9. De la Key, Gen.
De Villiers, Sir J. H.
Farrar, Sir G. H. De Wet, Gen.
Eitzpatrick, Sir J. P. Fischer, Mr.
Jaggcr, Mr. Greene, Col.
Jameson, Dr. Hertzog, Gen.
Lindsay, Mr. Hull, Mr.
Moor, Mr. Maasdorp, Mr.
Smythe, Mr. Malan, Mr.
Stanford, Col. Merriman, Mr.
Walton, Mr. Morconi, Mr.
Saner, Mr.
'NOES," 20. Smartt, Dr.
Beck, Dr. Smuts, Gen.
Hot 1m, Gen. Steyn, Mr.
Browne, Mr. Van Heerden, Mr.
Burger, Gen.
"* * Subsequently reverted to and amended.— See pages 131 and 132. —
/G.R.TI.
MINUTES OF PROCEEDINGS. 131
The sub-section accordingly negatived.
Mr. Merriman moved, as an unopposed motion :
That the Convention revert to sub-section (ii).
Agreed to.
Mr. Merriman then moved : To omit all the words after
"superannuation of public officers."
Gen Smuts moved: After "public officers" to insert "in
such Departments and grades of the Public Service as Parlia-
ment may define"; after "appointment of" to omit "per-
sons to public offices " and substitute " such officers," and to
omit " public " before " officers " where it next occurs, and
substitute " such."
Mr. Malan moved: To omit all the words after " Union"
to " behalf," and after " Commission " to omit all the words
to the end and substitute "with such powers and duties re-
lating to the appointment, retirement and superannuation of
public officers as Parliament shall determine."
On the motion of Col. Greene,
The debate was adjourned until to-morrow.
Mr. Hyslop moved, as an unopposed motion : That the Re-
solution JNTo. 5 of the Committee's Report on Treaty Rights
[page 128] be referred to the Committee on Finance.
After discussion,
This motion was put and agreed to.
6. On the motion of Mr. Malan, the Convention adjourned
at one o'clock p.m.
CAPE TOWN, Wednesday, 16-rn December, 1908.
Ten o'clock a.m.
1. All the members were present, except Sir William
Milton and Mr. Coghlan.
2. The President read a letter from His Honour the Admin-
istrator of Southern Rhodesia, acknowledging receipt of
the first copy of the proceedings of the Convention held in
Cape Town, and intimating that these and the copies of sub-
sequent proceedings would be carefully regarded as confi-
dential.
3. Consideration of Report of Committee 011 Civil Service
and miscellaneous matters resumed.
The President stated that when this debate was adjourned
yesterday the report [pages 126-128] was under considera-
tion, and sub-section (ii) of Resolution Xo. 3, on the Civil
Service, having been agreed to, the Convention had again re-
verted to it, and the following amendments had been moved :
By Mr. Merriman: To omit all the words after " superan-
nuation of public officers."
By Gen. Smuts: After "public officers" to insert "in
such Departments and grades of the Public Service as Parlia-
ment may define"; after "appointment of" to omit "persons
to public offices '-' a-ml substitute " such officers " ; and to omit
132 SOUTH AFRICAN NATIONAL CONVENTION, 1908 — '09.
" public " before " officers " where it next occurs and substi-
tute " such."
By Mr. Malan : To omit all the words after " Union " to
" behalf," and after " Commission " to omit all the words to
the end, and substitute "with such powers and duties relat-
ing to the appointment, retirement and superannuation of
public officers as Parliament shall determine."
Mr. Lindsay moved: After "Commission" to insert "to
be appointed by the Governor-General-in-Council."
Gen. Smuts moved : After " appointment " to insert " dis-
cipline."
These last amendments and that proposed by Mr. Malan put
and agreed to, and the previous amendment proposed by Gen.
Smuts and the amendment by Mr. Merriman accordingly
dropped.
Sub-section, as amended, put and agreed to, viz. : —
(ii) After the establishment of the Union there shall be a
permanent Civil Service Commission, to be appointed by the
Governor-General-in-Council, with such powers and duties re-
lating to the appointment, discipline, retirement and super-
annuation of public officers as Parliament shall determine.
Sub-section (iii) [page 127] put, and after discussion
agreed to.
Sub-section (iv) [page 127] put.
Mr. Fischer moved: To omit the words "and accruing."
After discussion,
This amendment was put and negatived.
Sub-section, as moved, put and agreed to.
Sub-section (v) [page 127] put.
Dr. Sinnrtt moved: To omit " solely."
Agreed to.
Sub-section, as amended, put and agreed to, viz. : —
(v) The services of no such officer shall be dispensed with by
reason of his 'want of knowledge of either the English or
Dutch language.
Col. Greene moved : That the following be a new sub-
section :
(vi) Permanent officers of the Parliaments of the different
Colonies who are not retained in the service of the Union or
of any Province, and for whom no provision shall have been
made by their respective legislatures, shall be entitled to such
pensions, gratuities or compensation as the Parliament of the
Union may determine.
Agreed to.
Resolution No. 4, on new Provinces [page 127] put.
Discussion ensued.
Sfiuer moved: That this resolution be referred to the
Committee on Native Affairs.
Agreed to.
Business suspended at eleven o'clock a.m.
MINUTES OF PROCEEDINGS. 133
Quarter-past eleven o'clock a.m.
Business resumed.
4. Minutes of previous meeting confirmed.
5. The President, referring to the fact that this was Din-
gaan's Day, stated that although in a large part of South
Africa the anniversary of this day had for years been cele-
brated as a public holiday, and would probably before long
be so kept throughout the country, he had not proposed that
the Convention should suspend its labours, conceiving that aa
representatives of European civilisation in South Africa the
delegates could not be better employed than by continuing the
important work entrusted to them.
(j. Consideration of report of Committee on Civil Service
and miscellaneous matters continued.
The President stated that Resolution No. 5 [page 128] on
Treaty Eights, had been referred to the Committee on
Finance.
Resolution No. 6 [page 128], on amendment of Constitution,
put.
Mr. Morcom moved : After " law " to insert " passed by an
absolute majority of members of each House of Parliament."
Discussion ensued.
Mr. Fischer moved : To omit all the words down to " reso-
lutions passed " and substitute " Parliament may by law re-
peal or alter any of the provisions of the Constitution Act,
provided that no Bill dealing with the repeal or alteration of
any of the provisions affecting the subject matters in Sche-
dule .... shall be valid unless after the same shall have been
passed by both Houses of Parliament it shall be approved in
its entirety by a resolution."
Mr. Lindsay moved : That the original resolution and the
amendments thereon be referred back to the Committee for
further consideration.
After discussion,
The last amendment was put and agreed to.
7. Mr. Jayger moved : Every Senator and every Member
of the House of Assembly shall, before taking his seat, make
and subscribe before the Governor-General or some person
authorised by him an oath or affirmation of allegiance in the
form set forth in the Schedule to this Act.
Schedule.
I, A.B., do swear that I will be faithful and bear true
allegiance to His Majesty King Edward VII., his heirs and
successors according to law. So help me God.
After discussion,
The motion was put and agreed to.
8. Mr. Moor moved : That provision be made in the Consti-
tution for extending the franchise to women of European
descent.
Discussion ensued.
On the motion of Mr. Sauer,
134 SOUTH AFEICAN NATIONAL CONVENTION, 1908 — '09.
The debate was adjourned until to-morrow.
9. Adjourned debate on motion on adjournment of Conven-
tion from Saturday until Monday, the llth January [page
128] resumed.
The President stated that when this debate was adjourned
on the 14th instant, the question before the Convention was
a motion by Mr. Smythe : That the Convention at its rising
on Saturday adjourn until Monday, the llth January.
Debate resumed.
On the motion of Mr. Sauer,
The debate wa<s adjourned until to-morrow.
10. The President read a congratulatory telegram from the
Grand Secretary of the Masonic Hall, Jeppe Street, Johan-
nesburg.
11. On the motion of Mr. Steyn, the Convention adjourned
at five minutes past one o'clock p.m.
CAPE TOWN, Thursday, 17ra December, 1908.
Ten o'clock a.m.
1. All the members were present, except Sir William
Milton, Mr. Morcom and Mr. Coghlan.
2. The President, as Chairman, brought up the report of
the Committee appointed by resolution of the Convention
dated the 10th December, 1908 [page 125] on Native Affairs,
as follows : —
Your Committee having carefully considered the questions
referred to them beg to report : —
Firstly, in regard to the Protectorates, they recommend
the adoption of the following resolutions, with the under-
standing that they should be provisional and be subject to
modification after the views of His Majesty's Government
thereon have been definitely ascertained.
The Protectorates.
It shall be lawful for His Majesty, with the advice of the
Privy Council, on addresses from the Houses of the Union
Parliament, to transfer the Government of any territory
under the protectorate of His Majesty, inhabited wholly or
in part by natives, to the Union, and upon such transfer it
shall be lawful for the Governor-General-in-Council to under-
take the Government of such territory upon terms and condi-
tions embodied in the Schedule to this Act.
Sched ?//<?.
(1). After the transfer of the Government of any territory
known as a protectorate, the Governor-General-in-Council
shall lie the legislative authority, and may by proclamation
make laws for the good government of such territory : pro-
vided that all such laws shall be laid before both Houses of
Parliament within seven days after the issuing of the procla-
MINUTES OF PROCEEDINGS. 135
mation, or if Parliament be not then sitting within seven days
after the beginning of the next session, and shall be effectual
unless both Houses of Parliament shall by resolution request
the Governor-General-in-Council to repeal the same, in which
case they shall be so repealed by resolution.
(2). The Prime Minister shall be charged with the adminis-
tration of any territory thus transferred, and he shall be
assisted in such administration by a Commission consisting of
not fewer than three members with a Secretary to be appointed
by the Governor-General-in-Council, whose duty it shall be
to carry out the recommendations of the Commission after
they shall have been approved by the Prime Minister.
(3) The members of the Commission shall be appointed by
the Governor-General-in-Council and shall be entitled to hold
office for a period of ten years, but such period may be ex-
tended to successive further terms of five years. They shall
each be entitled to a fixed annual salary which shall not be
reduced during the continuance of their term of office, and
they shall not be removed from office except upon addresses
from both Houses of Parliament. They shall not be eligible
to become members of either House of Parliament. One of
the members of the Commission shall be appointed by the
Governor-General-in-Council as Chairman thereof. In case of
the absence, illness or other incapacity of any member of the
Commission, the Governor-General-in-Council may appoint
some other fit and proper person to act during such absence,
illness or other incapacity.
(4). It shall be the duty of the members of the Commission
to advise the Prime Minister upon all matters relating to
the administration of, or the legislation for, the said terri-
tories. The Prime Minister or another Minister of State as
his deputy, or failing them the Vice-Chairniaii, shall preside
at all meetings of the Commission, and in case of an equality
of votes, shall have a casting vote. Two members of the Com-
mission shall, with the Prime Minister or his deputy, form
a quorum. In case the Commis,sioii shall consist of four or
more members, three of them shall form a quorum.
(5). Any member of the Commission who dissents from the
decision of a majority shall be entitled to have the reasons
for his dissent recorded in the minutes of the Commission.
(G). The Commissioners shall have access to all official
papers concerning the Protectorates, and they may deliberate
on any matter relating thereto and tender their advice thereon
to the Prime Minister.
(7). Before coming to a decision on any matter relating
either to the administration, other than routine, or of legisla-
tion for the said territories, the Prime Minister shall cause
the papers relating to such matters to be deposited with the
Secretary to the Commission, and shall convene a meeting of
the Commission for the purpose of obtaining its opinion on
such matter.
136 SOUTH AFRICAN NATIONAL CONVENTION, 1908 — '09.
(8). Where it appears to the Prime Minister that the dis-
patch of any communication or the making of any order is
urgently required, the communication may be sent or order
made, although it has not been submitted to a meeting of the
Commission, or deposited for the perusal of the members
thereof.
In any such case the Prime Minister shall record the urgent
reasons for sending the communication or making the order,
and give notice thereof to every member of the Commission.
(9). If the Prime Minister does not accept a recommenda-
tion of the Commission or proposes to take some action con-
trary to their advice, he shall state his views to the Com-
mission, who shall be at liberty to place on record the reasons
in support of their recommendation or advice. This record
shall be laid by the Prime Minister before the Governor-
General-in-Council, whose decision in the matter shall be
final, and effect shall be given to that decision by the Secre-
tary.
(10). When the recommendations of the Commission have
not been accepted by the Governor-General-in-Council or
action not in accordance with their advice has been taken
by the Governor-General-in-Council, the Prime Minister, if
thereto requested by the Commission, shall lay the record of
their dissent from the decision or action taken, and of the
reasons therefor before both Houses of Parliament, unless
in any case the Governor-General-in-Council shall be of
opinion that the publication of such record and reasons would
be gravely detrimental to the public interest.
(11). The Governor-General-in-Council shall appoint a Re-
sident Commissioner for each Protectorate who shall in addi-
tion to such other duties as shall be conferred on him by
the Governor-General-in-Council prepare the annual estimates
of revenue and expenditure for such Protectorate and forward
the same to the Prime Minister. After such estimates have
been submitted to the Commission, and approved of by the
Prime Minister, the Resident Commissioner shall, subject to
regulations to be framed in that behalf by the Governor-
General-in-Council, act in accordance with such estimates.
(12). The Treasurer of the Union shall pay annually to the
Resident Commissioner for each Protectorate a sum in respect
of customs dues on dutiable articles imported into and con-
sumed in such Protectorate w^hich shall bear to the total cus-
toms revenue of the Union in respect of each financial year
the same proportion as the average of the customs revenue
for the three complete financial years last preceding the taking
effect of this Act bore to the average of the whole customs
revenue for all the Colonies and territories included in the
Union received during the same period.
(13). In case the revenue of any Protectorate for any finan-
cial year shall lie insufficient to meet the expenditure, the
deficiency shall be made good by the Government of the
Union. In case there shall be a surplus for any Protec-
MINUTES OF PROCEEDINGS. 137
torate it shall be lawful for the Resident Commissioner, with
the consent of the Governor-General to lend any part of such
surplus to another Protectorate, or to repay to the Union
Treasury any deficiency previously made good by the Union
Government.
(14). It shall not be lawful to alienate any land in Basuto-
land or any land forming part of the native reserve in
Bechuanaland Protectorate and Swaziland from the native
tribes inhabiting the territories.
(15). The sale of liquor to natives shall be prohibited in the
said territories.
(16). The custom, where it exists, of holding pitsos or
other recognised form of native assembly shall be maintained
in the said territories.
(17). No special duties or imposts on the produce of the
Protectorates shall be levied by the Union Parliament. The
laws of the Union relating to customs and excise shall be
made to apply to the Protectorates.
(18). There shall be free intercourse for the white and
black inhabitants of the Protectorates with the rest of South
Africa subject to the ordinary laws, including the pass laws
of the Union.
(19). All revenues derived from any Protectorate shall be
expended for and on behalf of such Protectorate.
(20). The King may disallow any law made by the
Governor-General-in-Council by proclamation for any Pro-
tectorate within one year from the date of the proclamation,
and such disallowance, on being made known by the Governor-
General by proclamation shall annul the law from the day
when the disallowance is so made known.
(21). The members of the Commission shall be entitled to
such pensions or superannuation allowances as the Governor-
General-in-Council shall by proclamation provide, and the
salaries, pensions and other expenses of such members shall
be borne by the different Protectorates in the proportions of
their respective revenues.
(22). The rights of civil servants employed in the Protec-
torates as existing at the present time (December 16th, 1908)
shall remain in force.
(23). In lieu of any appeal which may by law be made
to the King-in-Council from any Court of the Protectorates,
such appeal shall be made to the Appellate Division of the
Supreme Court of South Africa.
(24). The Governor-General-in-Council shall prepare an
annual report on the Protectorates, and lay the same before
both Houses of the Union Parliament.
Secondly, in regard to Colonel Stanford's proposals, the
Committee would recommend the adoption of the following:
The control and administration of Native Affairs through-
out South Africa shall vest in the Governor-General-in-Coun-
cil, who shall also exercise all special powers in regard to
native administration hitherto vested in Governors of States,
138 SOUTH AFRICAN NATIONAL CONVENTION, 1908 — '09.
and corresponding with, or substituted for the prerogatives of
Paramount Chief over and in respect of any independent
native tribe.
Thirdly, in regard to the provision relating to the taking
over of other territories than the Protectorates, your Com-
mittee would recommend the adoption of the following resolu-
tion :
It shall be lawful for the King, by and with the advice of
the Privy Council, on addresses from the Houses of Parlia-
ment of the Union, to admit into the Union Colonies or other
territories not originally included in such Union, on such
terms and conditions in each case as are in the addresses ex-
pressed and approved by the King; and the provisions of any
Order in Council in that behalf shall have effect as if they
had been enacted by the Parliament of the United Kingdom
of Great Britain and Ireland.
Resolved : That this report be considered after the busi-
ness on the paper has been disposed of.
3. Adjourned debate on motion on adjournment of Conven-
tion from Saturday until Monday, the llth January [page
128] to be resumed,
The President stated that when this debate was adjourned
yesterday the question before the Convention was a motion by
Mr. Smythe : That the Convention at its rising on Saturday
adjourn until Monday, the llth January.
Debate resumed.
Col. Greene moved, as an amendment : That the Con-
vention at its rising to-morrow adjourn until Monday, the
llth January, in Cape Town, at 10 o'clock a.m.
Gen. De Wet moved: To omit "To-morrow" and sub-
stitute "to-day."
After discussion,
The amendment proposed by Col. Greene was put and
agreed to as the main question, and the original motion and
the amendment proposed by Gen. De Wet accordingly
j i " J
dropped.
4. The President, as Chairman, brought up an Interim
Report of the Committee appointed by resolutions of the Con-
vention dated the lOtli and 14th December, 190S [pages 12f)-126
and 128 to report as to the procedure to be followed by the
Convention in deciding as to the capital of the Union, as
follows : —
The Committee have experienced very considerable diffi-
culty in arriving at a decision, and as one of their mem-
bers has now left for the recess they consider that it
would not be advisable to vote upon the Capital before
the adjournment. The Committee, therefore, recom-
hould he authorised during the recess
lahours and to report immediately after
in the meanwhile they world sng-
• Minisiers should during the interval
a,1" ;u-enient between the Hves as
MINUTES OF PROCEEDINGS. 139
to the site of the Capital, or failing such arrangement as
to the mode in which the decision thereon should be
arrived at.
The President proposed to move, as an unopposed motion:
That the Capital of the Union shall be at such place as an
impartial Commission of three men not being residents in
South Africa appointed by His Majesty the King shall, after
full examination of the claims of the different Colonies, and
of the merits of the different Colonies, fix and determine.
Gen DC la Rey objected.
Mr. Stcyu then moved : That the consideration of the re-
port stand over until after the adjournment.
After discussion,
This motion was put and agreed to.
5. Mr. Saner, as Chairman, brought up the First Report*
of the Committee appointed by resolution of the Convention
dated the 7th December, 1908, [page 114] to make recommen-
dations in regard to Finance and Trade, as follows: —
Your Committee having considered the question of Finance
and Trade generally, as well as the following matters specially
referred to them, viz. : —
(1) Motions and notices by Mr. Merrimaii [pages 21 and
114].
(2) Financial relief to Capitals of Colonies in which Union
capital not situated [page 125].
(•'}) Salary and allowances to be paid to Governor-General
[page 125]'.
(4) Treaty Rights and obligations [page 1 •'>!].
beg to recommend the following : —
1. All revenues, from whatever source arising, over which
the several Colonies have at the establishment of the Union
power of appropriation shall vest in the Governor-General-in-
Council. There shall be formed a Railway and Harbour
Fund into which shall be paid all revenues raised or received
by the Governor-Geiieral-in-Council from the administration
of the Railways, Ports and Harbours, and such fund shall
be appropriated by Parliament to the purposes of the Rail-
ways, Ports and Harbours in the manner prescribed by this
Act. There shall also be formed a Consolidated Revenue
Fund into which shall be paid all other revenues raised or re-
ceived by the Governor-General-iii-Council, and such fund
shall be appropriated by Parliament for the purposes of the
Union in the manner prescribed by this Act, and subject to
the charges imposed therebv.
"2. The Governor-General-in-Council shall, as soon as may
bo after the establishment of the Union, appoint a Commis-
sion, ('(insisting of one representative from each Province,
and presided over by an officer from the Imperial Service, to
* This report \v;i-= sub.-;etiufntly referred back to the Committee — see page
140 SOUTH AFRICAN NATIONAL CONVENTION, 1908 — '09.
institute an inquiry into the financial relations which should
exist between the Union and the Provinces. Pending the
completion of that inquiry, and until Parliament otherwise
provides, there shall be paid annually out of the revenues
of the Union to the Administrator of each Province :
(«) an amount equal to the sum provided in the estimates
for education, other than higher education, in respect
of the financial year 1908-09 as voted by the Parlia-
ments of the respective Colonies during the year 1908;
(6) such further sums as the Governor-General-in-Council
may consider necessary for the due performance of the
services and duties assigned to the Provinces re-
spectively.
Until such inquiry shall be completed the Executive Com-
mittees in the several Provinces shall frame annually esti-
mates of their expenditure for the approval of the Governor-
General-in-Council, and no expenditure shall be incurred by
any Executive Committee which is not provided for in such
approved estimates.
3. The Consolidated Revenue Fund shall be permanently
charged with the costs, charges and expenses incident to the
collection, management and receipt thereof, and the same
shall form the first charge thereon.
4. The annual interest of the public debts of the several
Colonies and any sinking funds constituted by law at the
establishment of the Union shall form the second charge on
the Consolidated Revenue Fund.
5. Subject to the several payments by this Act charged on
the Consolidated Revenue Fund, the same shall be appro-
priated by Parliament for the Public Service.
6. No money shall be drawn from the Consolidated Revenue
Fund or the Railway and Harbour Fund, except under appro-
priation made by law. But until the expiration of two
months after the first meeting of Parliament, the Governor-
General-in-Council may draw therefrom and expend such
moneys as may be necessary for the public service, and for
railway and harbour administration respectively.
7. All stocks, cash, bankers' balances, and securities for
money belonging to each Colony at the establishment of the
Union shall be the property of the Union.
8. Crown lands, public works, and all property throughout
the Union, movable or immovable, belonging to the several
Colonies at the establishment of the Union, and all rights in
connection therewith shall vest in the Governor-General-in-
Council, subject to any debt or liability specifically charged
thereon.
9. All rights in and to mines and minerals and all rights in
connection with the searching for, working for or disposing
of mineral- or precious stones which at the date of the estab-
lishment nt the Union are vested in the Government of anv of
the Colonies >liall, on the establishment of the Union, ves't in
the Governor-General- in-Council.
MINUTES OF PROCEEDINGS. HI
10. The Union shall assume all debts and liabilities of the
several Colonies existing at the establishment of the Union,
subject to the conditions imposed by any law under which
such debts or liabilities were raised or incurred, and may
convert, renew or consolidate such debts.
11. All ports, harbours and lighthouses, and all railways
belonging to the several Colonies at the establishment of the
Union shall from the date of the establishment vest in the
Governor-General-in-Council. No railway, port, harbour,
lighthouse or similar work shall be constructed without the
sanction of Parliament.
12. Subject to the authority of the Governor-General-in-
Council, the control and management of the Railways, Ports
and Harbours of the Union shall be exercised through a
Board of Commissioners, consisting of a Minister of State,
who shall be Chairman, and three other members.
13. The railways, ports and harbours of the Union shall,
saving the rights of creditors, be administered on business
principles, due regard being had to agricultural and indus-
trial development within the Union and the promotion, by
means of cheap transport, of the settlement of an agricul-
tural or industrial population in the inland portions of the
Union.
So far as may be, the total earnings shall be not more
than are sufficient to meet the necessary outlays for working,
maintenance, betterment, depreciation and the payment of
interest due on capital invested therein, not being capital
contributed out of Railway or Harbour revenue, and not being
interest on any capital which Parliament may provide in ac-
cordance with the provisions of the next succeeding resolu-
tion. The amount of such interest shall be paid over from
the Railway and Harbour Fund into the Consolidated
Revenue Fund.
Provision may be made for establishing a reasonable fund
for maintaining uniformity of rates in case of fluctuation of
traffic.
Provided that it shall be lawful for the Governor-General-
in-Council to give effect to the provisions of this resolution,
as and when the necessary administrative and financial ar-
rangements can be made during a period of not more than
four years. At the end of that period the said provisions
shall have full force and effect.
14. If Parliament shall require the construction of any
port or harbour works or any line of railway the earnings of
which will in the opinion of the Board be insufficient to meet
the charges for working expenses, maintenance, betterment
and depreciation, and to provide for payment of interest on
the capital invested in such construction, provision shall be
made annually by Parliament for payment to the Board out
of the Consolidated Revenue Fund or otherwise of a sum suffi-
cient to make up any deficiency actually incurred.
142 SOUTH AFRICAN NATIONAL CONVENTION, 1908 — '09.
15. If Parliament or the Governor-General-in-Council
shall require the Railway and Harbour Board to provide any
services or facilities either gratuitously or at a rate of charge
which is insufficient to meet the costs involved in the pro-
vision of such services or facilities the Commissioners shall at
the end of each financial year frame an account showing the
amount of expenditure incurred in respect of such services or
facilities in excess of the revenue, if any, received in respect
thereof, and such amount shall be paid over from the Con-
solidated Revenue Fund to the Railway and Harbour Fund.
16. That the Governor-General be paid a salary of £10,000
per annum.
Mr. Sauer moved : That the report be considered after the
business now on the paper has been disposed of.
Agreed to.
6. Gen. Smvts (for Mr. Steyn) brought up the Second
Report of the Committee appointed by resolution of the Con-
vention, dated the 10th December, 1908 [page 125] on Civil
Service and miscellaneous matters, as follows: —
The Committee, having had under consideration Resolution
No. 6 of their First Report on Amendment of Constitution
[page 128], referred back to them [page 133], recommend
that this resolution should read as follows :
6. Subject to the terms and restrictions of this Act, Par-
liament may by law repeal or alter any of the provisions
thereof, provided that no repeal or alteration of any of the
provisions affecting the subject matters specified in Schedule
shall be valid unless the proposed repeal or alteration
shall have been passed by both Houses of Parliament, sitting
together, for which not less than two-thirds of the total num-
ber of members of both Houses have voted.
Schedule of Matters Reserved.
(Resolution No. 6.)
1. Native Franchise in Cape Colony.
2. Basis of Representation.
3. The Language Question.
4. Amendment of the Constitution.
Gen. Smuts moved : That the report be considered after
the business now 011 the paper has been disposed of.
Agreed to.
Business suspended at eleven o'clock a.m.
Quarter-past eleven o'clock a.m.
Business resumed.
7. Minutes of previous meeting confirmed.
•S. Adjourned debate on motion by Mr. Moor on grant of
i i ;i nclii-c to women | page 133] resumed.
Tlic J'roifl.oit stated that when this debate was adjourned
yesterday, The question before the Convention was: That
provision lie made in the Constitution for extending the fran-
chise to women of European descent.
MINUTES OF PROCEEDINGS. 14S
, Gen. Smuts moved : That it be an instruction to any
drafting Committee that may be appointed to make it clear
that Parliament shall have the power by a bare majority to
confer the franchise on women of European descent.
Col. Stanford moved, as an amendment to the last
amendment: To omit the words "of European descent."
After discussion,
On the motion of Mr. Malan,
The debate was adjourned until Monday, the llth
January.
9. The Convention proceeded to the consideration of the
report of the Committee on Native Affairs [pages 1-34-138 J.
-Resolution No. 1 relating to the Protectorates [page 134]
put.
Discussion ensued.
On the motion of Gen. Smuts,
The debate was adjourned until to-morrow.
10. On the motion of Gen. Smuts, the Convention ad-
journed at five minutes to one o'clock p.m.
CAPE TOWN, Friday, ISxit December, 1908.
Ten o'clock a.m.
1. All the members were present, except Sir William
Milton, Mr. Morcom, Mr. Coghlan, and Gen. De Wet.
2. Gen. Smuts moved : That a Committee be appointed
for the purpose of preparing a Draft Bill embodying the
resolutions already passed by the Convention, with power to
frame amendments in the wording of the resolutions and
where necessary in particular cases to suggest amendments of
the substance of the resolutions for the consideration of the
Convention, all new matter and alterations of the resolutions
to be indicated in red ink; the Committee to consist of the
President, one from each delegation, to be nominated by the
Prime Ministers, and one from Rhodesia, with power to the
Committee to obtain the assistance of persons not being mem-
bers of the Committee.
After discussion,
The motion was put and agreed to.
The Committee was then nominated as follows, viz. : Cape
of Good Hope, Mr. Merriman; .\<i!<il. Col. Greene; Trcintrmtl,
Gen. Smuts ; (Jrani/c A*//v/- Colony, Gen. Hertzog, and
Rhode*fti, Sir Lewis Michell.
3. The President moved :
(1) When a proposed law parsed by bolh Houses of Par-
liament is presented to the Governor-General for the King's
assent, hi' shall declare. a<H-on!ing to his discretion, but sub-
ject to the provisions of this Act, that he assents in the King's
name, or that he withholds assent. <.r that he reserves the
proposed law for the signification of the King's pleasure.
144 SOUTH AFRICAN NATIONAL CONVENTION, 1908 — '09,
The Governor-General may return to the House in which
it originated any proposed law so presented to him and may
transmit therewith any amendments which he may recom-
mend, and the Houses may deal with the recommendation,
(2) The King may disallow any law within one year from
the Governor-General's assent, and such disallowance on
being made known by the Governor-General by speech
or message to each of the Houses of Parliament, or by
Proclamation, shall annul the law from the day when the dis-
allowance is so made known.
(3) A proposed law reserved for the King's pleasure shall
not have any force unless and until within two years from the
day on which it was presented to the Governor-General for
the King's assent the Governor-General makes known by
speech or message to each of the Houses of Parliament, or by
Proclamation, that it has received the King's assent.
Agreed to.
4. Consideration of Report of Committee on Native Affairs
[pages 134-138] resumed.
The President stated that when this debate was adjourned
yesterday the first resolution, relating to the Protectorates
[page 134] had been put.
Debate resumed.
Business suspended at eleven o'clock a.m.
Twenty minutes to twelve o'clock a.m.
Business resumed.
5. Minutes of previous meeting confirmed.
6. Debate on first Resolution of Eeport of Committee on
Native Affairs continued.
Col. Greene moved: To omit the words "with the advice
of the Privy Council"; and also to omit the words "embodied
in the Schedule to this Act," and substitute "to be mutually
agreed upon."
Sir Percy Fitzpatrick moved : To add at the end "or as
amended from time to time by the Parliament of the Union,
provided that any amendment of the terms and conditions in
the Schedule shall be subject to reservation for the significa-
tion of the King's pleasure."
Discussion ensued.
Business suspended at one o'clock p.m.
Two o'clock p.m.
Business resumed.
7. Tlte President read a letter from the Secretary of the
Cape Town and District Evangelical Church Council, dated
the 18th instant, expressing their satisfaction at the appoint-
ment of the Convention and their hopes that its labours
would lie crowned with success.
8. Debate on First Resolution of Report of Committee on
.Native AtTairs [page 134] continued.
After discussion,
MINUTES OF PROCEEDINGS. 145
The first amendment proposed by Col. Greene [page 144]
was put and negatived.
The second amendment proposed by Col. Greene [page
144] to omit the words " embodied in the Schedule to this
Act," and substitute "to be mutually agreed upon" put, and
the Convention divided :
"AYES"— 7. Farrar, Sir G. H.
Fischer, Mr.
Burger, Gen. Fitzpatrick, Sir J. P.
De la Hey, Gen. Hertzog, Gen.
Greene, Col. Hull, Mr.
Hyslop, Mr. Jagger, Mr.
Moor, Mr. Jameson, Dr.
Smartt, Dr. Lindsay, Mr.
Smythe, Mr. Maasdorp, Mr.
Malan, Mr.
Merriman, Mr.
"NOES"— 21. Saner, Mr.
Smuts, Gen.
Beck, Dr. Stanford, Col.
Botha, Gen. Steyn, Mr.
Browne, Mr. Van Heerden, Mr.
De Villiers, Sir J. H. Walton, Mr.
The amendment accordingly negatived.
With leave of the Convention,
The amendment proposed by Sir Percy Fitzpatrick was
withdrawn.
Mr. Fischer moved: After "territory" to insert "of or."
Agreed to.
Resolution, as amended, put and agreed to, viz. : —
It shall be lawful for His Majesty, with the advice of the
Privy Council, on addresses from the Houses of the Union
Parliament, to transfer the Government of any territory of or
under the protectorate of His Majesty, inhabited wholly or
in part by natives, to the Union, and upon such transfer it
shall be lawful for the Governor-General-in-Council to under-
take the Government of such territory upon terms and condi-
tions embodied in the Schedule to this Act.
The Convention then proceeded to the consideration of the
Schedule.
Sub-section (1) [page 184] put.
Gen. Smuts moved: After "unless" to insert "and
until."
After discussion,
This amendment was put and negatived.
The J'rcxidcnt moved: To omit " known as a Protectorate "
and substitute " of or under the protectorate of His
Majesty "; and to omit the last word " resolution " and sub-
stitute " proclamation."
Agreed to.
146 SOUTH AFRICAN NATIONAL CONVENTION, 1908 — '09.
Sub-section, as amended, put and agreed to, viz.: —
(1) After the transfer of the Government of any territory
of or under the protectorate of His Majesty, the Governor-
General-in-Council shall be the legislative authority, and may
by Proclamation make laws for the good government of such
territory : provided that all such laws shall be laid before
both Houses of Parliament within seven days after the issuing
of the Proclamation or, if Parliament be not then sitting,
within seven days after the beginning of the next session, and
shall be effectual unless both Houses of Parliament shall by
resolution request the Governor-General-in-Council to repeal
the same, in which case they shall be so repealed by Proclama-
tion.
Sub-section (2) [pjige 135] put.
Gen. Smuts moved: To omit "assisted" and substitute
"advised"; and to omit all the words after "Council."
Agreed to.
Sub-section, as amended, put and agreed to, viz. : —
(2) The Prime Minister shall be charged with the adminis-
tration of any territory thus transferred, and he shall be ad-
vised in such administration by a Commission consisting of
not fewer than three members with a secretary, to be ap-
pointed by the Governor-General-in-Council.
Sub-section (3) [page 135] put.
Col. Greene moved : To omit " ten " years and substitute
"five."
This amendment having been put and negatived,
Sub-section, as moved, with the correction of "Vice-Chair-
man " for " Chairman," inserted in error, put and agreed to.
Sub-sections (4) and (5) [page 135] put and agreed to.
Sub-section (0) [page 135] put.
The President moved : To omit " Commissioners " and sub-
stitute "members of the Commission"; and to omit "Pro-
tectorates " and substitute " Territories."
Agreed to.
Sub-section, as amended, put and agreed to, viz. :
(6) The members of the Commission shall have access to all
official papers concerning the Territories, and they may delib-
erate on any matter relating thereto and tender their advice
thereon to the Prime Minister.
Sub-sections (7) and (8) [pages 135-136] put and agreed to.
Sub-section (!)) [page 136] put.
Gen. Snnit* moved: To omit all the words after "final."
Agreed to.
Sub-section, as amended, put and agreed to, viz. : —
(',}}. If tlio Prime Minister does not accept a recommenda-
tion of flip Commission or proposes to take some action con-
trury <o their advir-e, lie shall state his views to the Com-
mis-ion. who shall be at libertv to place on record the reasons
in supvi't of their recommendation or advice. This record
shall be hiid bv iho Prime Minister before the Governor-
MINUTES OF PROCEEDINGS. 147
General-in-Council, whose decision in the matter shall be
final.
Sub-section (10) [page 1-U5 ] put and agreed to.
Sub-sect ion (11) [page 136] put.
Gen. Smuts moved: After "approved of" to insert "or
amended."
Agreed to.
Sub-section, as amended, and with the substitution of
"Territory" for "Protectorate" where it occurs, put and
agreed to, viz. : —
(11) The Governor-General-in-Council shall appoint a Re-
sident Commissioner for each Territory, who shall in addition
to such other duties as shall be conferred on him by the Gover-
nor-General-in-Council prepare the annual estimate's of re-
venue and expenditure for such Territory and forward the
same to the Prime Minister. After such estimates have been
submitted to the Commission and approved of or amended by
the Prime Minister the Resident Commissioner shall, subject
to regulations to be framed in that behalf by the Governor-
General-in-Council, act in accordance with such estimates.
Sub-section (12) [page 1-iO] put.
Gen. Stnut* moved: To omit "to the Resident Commis-
sioner for each Protectorate," and substitute " towards the
cost of administration of each Territory "; and to omit " Pro-
tectorate " after "such" and substitute "Territory."
Agreed to.
Sub-section, as amended, put, and the Convention divided :
"AYES," 21. Saner, Mr.
Smartt, Dr.
Beck, Dr. Smuts, Gen.
Botha, Gen. Stanford, Col.
.Browne, Mr. Steyn, Mr.
Burger, Gen. Van Heerden, Mr.
De Yilliers, Sir J. H. AValton, Mr.
Farrar, Sir G. II .
Fischer, Mr.
Hull, Mr. •'• XOKS," 5.
•Tagger, Mr.
Jameson, Dr. De la Rev, Gen.
Lindsay, Mr. Greene, Col.
Maasdorp, Mr. Ifyslop, Mr.
Malan, Mr. Moor, Mr.
Merriman, Mr. Smvthe, Mr.
Sub-section, as amended, accordingly agreed to. vi/. : —
(12) The Treasurer of the Union shall pay annually to-
wards the cost of administration of each Tcrritorv a sum in
respect of customs duos on dutiable articles imported into and
consumed in such Territory which sha!! boar to the total cus-
toms revenue of the I nion in respect of each financial vear
the same proportion as the average of the customs revenue for
148 SOUTH AFRICAN NATIONAL CONVENTION, 1908 — '09.
the three complete financial years last preceding the taking
effect of this Act bore to the average of the whole customs
revenue for all the Colonies and Territories included in the
Union received during the same period.
Sub-section (13) [page 136] put.
Col. Stanford moved : After " Governor-General " to insert
''-iii-Council"; and to omit "Protectorate" and substitute
" Territory."
Mr. Malan moved: To omit "made good" and substitute
" advanced."
These amendments put and agreed to.
Gen. Smuts moved: To omit "the Resident Commissioner
with the consent of."
Agreed to.
Mr. Fischer moved : To omit all the words from " In case "
to the end, and substitute :
" In case there shall be a surplus for any Territory such
surplus shall, in the first instance, be devoted to repayment
of any sums previously advanced by the Union Government
to cover any deficiency in such Territory, and thereafter it
shall be lawful for the Governor-General-in-Council to lend
the whole or any part of such surplus to another such Terri-
tory."
Agreed to.
Sub-section, as amended, put, and the Convention divided
"AYES," 20. Smartt, Dr.
Smuts, Gen.
Beck, Dr. Stanford, Col.
Botha, Gen. Van Heerden, Mr.
Browne, Mr. Walton, Mr.
De Villiers, Sir J. H.
Farrar, Sir G. H.
Fischer, Mr. " NOES," 7.
Hertzog, Gen.
Hull, Mr. Burger, Gen.
Jagger, Mr. De la Hey, Gen.
Jameson Dr. Greene, Col.
Lindsay, Mr. Hyslop, Mr.
Maasdorp, Mr. Moor, Mr.
Malan, Mr. Smythe, Mr.
Merriman, Mr. Steyn, Mr.
Sauer, Mr.
Sub-section, as amended, accordingly agreed to, viz. :
(13) In case ihe revenue of any Territory for any financial
year shall be insufficient to meet the expenditure the defi-
ciency shall be advanced by the Government of the Union.
In case Hi ere shall be a surplus for any Territory such sur-
plus shall in the first instance be devoted to repayment of
any sums previously advanced by the Union Government to
cover any deficiency in such Territory, and thereafter it shall
be lawful for the Governor-General-in-Council to lend the
MINUTES OF PROCEEDINGS.
whole or any part of such surplus to another such Territory.
Sub-section (14) [page 137] put.
Dr. S/nartt moved: After "alienate" to insert "save for
public purpose aiul in payment of full and adequate compen-
sation."
This amendment having been put and negatived,
The sub-section was put and agreed to, with the correction,
of " reserves " for " reserve."
Sub-sections (15) and (16) [page 137] put and agreed to.
Sub-section (17) [page 137] put, with the correction of
" Territories " for " Protectorates."
Gen. Smuts moved : To omit the first sentence.
After discussion,
With leave of the Convention,
This amendment was withdrawn.
Gen. Smuts then moved: To omit "by the Union Parlia-
ment."
Mr. Fischer moved : To omit " special " and substitute
" differential."
These amendments put and agreed to.
Sub-section, as amended, put and agreed to, viz.: —
(17) No differential duties or imposts on the produce of the
Territories shall be levied. The laws of the Union relating
to customs and excise shall be made to apply to the Terri-
tories.
Sub-section 18 [page 137] put, with the correction of "Ter-
ritories " for " Protectorates."
Gen. Hertzog moved : To omit " ordinary."
Agreed to.
Sub-section, as amended, put and agreed to, viz. : —
(18) There shall be free intercourse for the black and white
inhabitants of the Territories with the rest of South Africa,
subject to the laws, including the Pass Laws, of the Union.
Sub-section (19) [page 137] put, with the correction of "Ter-
ritory " for "Protectorate."
Gen. Smuts moved : To insert at the beginning " Subject to
the provisions of this Schedule."
Agreed to.
Sub-section, as amended, put and agreed to, viz.: —
(19) Subject to the provisions of this Schedule, all revenues
derived from any Territory shall be expended for and on be-
half of such Territory.
Sub-section (20) [page 137] put and agreed to, with the cor-
rection of "Territory" for "Protectorate.''
Sub-section (21) [page l-'37] put, with the correction of "Ter-
ritories " for " Protectorates."
Mr. Hyslnj) moved: After "salaries" to insert "and";
and to omit " and other expenses of such members " and sub-
stitute " of such members and all other expenses of the Com-
mission."
Agreed to.
150 SOUTH AFRICAN NATIONAL CONVENTION, 1908 — '09.
Sub-section, as amended, put and agreed to, viz.: —
(21) The members of the Commission shall be entitled to
such pensions or superannuation allowances as the Governor-
Gencral-in-Council shall by Proclamation provide, and the
salaries and pensions of such members and all other expenses
of the Commission shall be borne by the different Territories
in ilie proportion of their respective revenues.
Sub-section (22) [page 137] put and agreed to, with the cor-
rection of " Territories " for " Protectorates."
Sub-section (23) [page 137], with the same correction, put.
Gen. Smuts moved : After "shall" to insert "subject to the
provisions of this Act."
Agreed to.
Sub-section, as amended, put and agreed to, viz.: —
(23) In lieu of any appeal which may by law be made to the
King-in-Council from any Court of the Territories such appeal
shall, subject to the provisions of this Act, be made to the
Appellate Division of the Supreme Court of South Africa.
Sub-section (24) [page 137] put and agreed to, with the cor-
rection of " Territories " for " Protectorates."
The President moved : That the following be a new sub-
section, viz. : —
(25) All proposed laws to amend or alter the provisions of
this Schedule shall be reserved for the signification of His
Majesty's pleasure.
Agreed to.
The second and third proposals of the Committee [pages
137-138] put and agreed to.
9. On the motion of Mr. Moor,
llesolved : That Members be allowed to remove the resolu-
tions agreed to, but only members of the drafting committee
be allowed to remove the Minutes of Proceedings.
10. On the motion of Mr. Merriman, the Convention ad-
journed at five minutes past five o'clock p.m. until Monday,
the llth January, at ten o'clock a.m.
CAPE TOWN, Monday, HTH January, 1909.
Ten o'clock a.m.
1. All the members were present, except Sir William
Milton.
2. Mr. Moor put in a credential appointing Mr. Watt to be
a delegate for Natal.
The President read the credential, as follows: —
The following delegate has been appointed to represent the
Colony of Natal in the Convention, vice Mr. W. B. Morcom,
resigned : —
The Hon. T. Watt, C.M.G., M.L.A.
(Sgd.) F. R. Moor,
Prime Minister.
Cape Town, llth January, 1909.
MINUTES OF PROCEEDINGS. 151
' 3. The President read and put in a petition from 1,770
natives resident in the Transvaal, praying for the considera-
tion of their claims to be granted representation in the Par-
liament of a united South Africa.
4. The President, as Chairman, stated that the Committee
on the Draft Constitution Bill had practically completed their
labours last week, and that a draft Bill had been duly pre-'
pared, but it was subsequently considered advisable to make
a number of verbal alterations in it, for which purpose the
Committee would meet to-day, and he expected to lay the Bill
before the Convention to-morrow.
5. Tlic President intimated that His Worship the Mayor of
Cape Town (Mr. F. W. Smith) had requested him to ascer-
tain whether members would accept an invitation to visit the
Drakenstein Valley on Saturday.
After discussion, it wras resolved that the Convention regret
that the necessity of proceeding with the work still remaining
to be done prevents members from accepting the proposed hos-
pitality of the Mayor.
6. On the motion of Mr. Smythe, Col. Greene was appointed
to resume as a member of the Finance Committee in lieu of
the mover, wrho had been temporarily acting for him.
7. Adjourned debate on motion by Mr. Moor on grant of
franchise to women [page 133] resumed.
The President stated that when this debate was adjourned
on the 17th December, the question before the Convention was
a motion by Mr. Moor : That provision be made in the Con-
stitution for extending the franchise to women of European
descent.
Upon which an amendment had been moved by Gen.
Smuts: That it be an instruction to any Drafting Committee
that may be appointed to make it clear that Parliament ^hall
have the power by a bare majority to confer the franchise on
women of European descent.
Upon which amendment an amendment had been moved by
Col. Stanford: To omit the words "of European descent."
Debate resumed.
With leave of the Convention,
The original motion was withdrawn in favour of the
amendment by Gen. Smuts.
Sir Percy F tiz^ah-ii-k moved : That the debate be adjourned
until after the Drafting Committee has brought up a preli-
minary report.
Agreed to.
S. Mr. Sduer moved: That the Second Order of the day-
First Ixeport of Committee on Finance to be considered — be
discharged and set down for to-morrow.
Agreed to.
9. Gen. Sinut* moved: That the Third and Fourth Orders
of the day — Second Ixeport of Committee on Civil Service,
etc. (Amendment of Constitution), to be considered and In-
152 SOUTH AFRICAN NATIONAL CONVENTION, 1908 — 'Uu.
terim Report of Committee on Union Capital, to be considered
— be discharged.
Agreed to.
10. Gen. Smuts moved : That the Fifth Order of the day —
Consideration of Resolution No. 12 of Report of Provincial
Constitutions Committee to be resumed — be postponed sine
die.
Agreed to.
11. On the motion of Col. Greene,
Mr. Watt was appointed a member of the Drafting Com-
mittee in lieu of the mover.
12. On the motion of Mr. Merriman, the Convention ad-
journed at ten minutes to eleven o'clock a.m.
CAPE TOWN, Tuesday, 12iH January, 1909.
Ten o'clock a.m.
1. All the members were present, except Sir William
Milton.
2. Minutes of the 18th December and of yesterday con-
firmed.
3. The President, as Chairman of the Committee on the
Draft South Africa Act, submitted a draft Act.*
4. Mr. Sauer moved : That the First Order of the day —
First Report of Committee on Finance, to be considered — be
-discharged, and the report referred back to the Committee
for further consideration.
Agreed to.
5. Adjourned debate on motion by Mr. Moor on grant of
franchise to women [page 133] resumed.
The President stated that when this debate was adjourned
yesterday, the question before the Convention was an amend-
ment by Gen. Smuts to a motion wrhich had been moved by
Mr. Moor, subsequently withdrawn in favour of the amend-
ment, which thus became the original motion, viz. :
That it be an instruction to any Drafting Committee that
may be appointed to make it clear that Parliament shall have
the power by a bare majority to confer the franchise on
women of European descent.
Upon which an amendment had been moved by Col. Stan-
ford : To omit the words " of European descent."
Debate resumed.
After discussion,
With leave of the Convention,
The amendment and the original motion were withdrawn.
0. Mr. Fischer moved : Any resolution of the Convention
may bo reconsidered for the purpose of amending or rescind-
ing Ilio same on a motion to that effect being carried by a
two-thirds majority of the Convention, such motion to be
put i'nrtlnvith without amendment or debate.
* See Appendix E.,pag:e3 282-811.— G.R.H.
MINUTES OF PBOCEEDINGS.
Mr. Malan moved, as an amendment : That in the consi-
deration of the draft South Africa Act any amendments of
the resolutions already passed may be moved in the ordinary
way.
After discussion,
The amendment was put, and the Convention divided :
"AYES," 16. "NOES," 14.
De Villiers, Sir J. H. Beck, Dr.
Farrar, Sir G. H. Botha, Gen.
Greene, Col. Browne, Mr.
Hertzog, Gen. Burger, Gen.
Hull, Mr. De la Rey, Gen.
Hyslop, Mr. De Wet, Gen.
Jagger, Mr. Fischer, Mr.
Maasdorp, Mr. Fitzpatrick, Sir J. P.
Malan, Mr. Jameson, Dr.
Moor, Mr. Lindsay, Mr.
Smuts, Gen. Merriman, Mr.
Smythe, Mr. Sauer, Mr.
Stanford, Col. Sniartt, Dr.
Van Heerden, Mr. Steyn, Mr.
Walton, Mr.
Watt, Mr.
The amendment accordingly agreed to, and the original
motion consequently dropped.
7. Gen. Botha moved : That the draft South Africa Act be
considered to-morrow.
Agreed to.
8. On the motion of Mr. Jagger, the Convention adjourned
at a quarter to eleven o'clock a.m.
CAPE TOWN Wednesday, 13TH January, 1909.
Ten o'clock a.m.
1. All the members were present, except Sir William
Milton.
2. Draft South Africa Act, to be considered.
The President stated that the draft of this Act* was sub-
mitted yesterday, and
The Convention having commenced the consideration
thereof,
Mr. Hytlop moved : That the further consideration be post-
poned until the Committees on Finance and on the Capital
have reported.
Discussion ensued.
Business suspended at eleven o'clock a.m.
* See Appendix E., pages 282-311.— G.R.H.
554 SOUTH AFRICAN NATIONAL CONVENTION, 1908 — '09.
<Quarter~past eleven o'clock a.TT),.
'1 Business resumed.
3. Minutes of previous meeting confirmed.
4. Discussion resumed on motion [page 153] to postpone
consideration of the Draft South Africa Act.
With leave of the Convention,
The motion proposed by Mr. Hyslop was withdrawn.
Dr. Smartt moved: That the debate be now adjourned
until to-morrow.
Upon which the Convention divided :
"AYES," 11. Burger, Gen.
De la Rey, Gen.
Browne, Mr. De Villiers, Sir J. H.
De Wet, Gen. Farrar, Sir G. H.
Fischer, Mr, Fitzpatrick, Sir J. P.
Hertzog, Gen. Greene, Col.
J agger, Mr. Hull, Mr.
Jameson, Dr. Hyslop, Mr.
Maasdorp, Mr. Lindsay, Mr.,
Sauer, Mr. Malan, Mr.
Smartt, Dr. Merriman, Mr.
Stanford, Col. Moor, Mr.
Walton, Mr. Smuts, Gen.
Smythe, Mr.
" NOES," 19. Steyn, Mr.
Van Heerden, Mr.
Beck, Dr. Watt, Mr.
Botha, Gen.
The motion accordingly negatived.
The Convention resumed the consideration of the Draft
Act.*
Resolved: That the Preamble stand over.f
On Clause Four,
Mr. Hyslop moved: After "name" to omit "of" and to
place the words "South Africa" within quotation marks.
Agreed to.
Sir Percy FiizpatricTc moved: To omit "effect" and substi-
tute "authority."
Agreed to.
Sir Percy Fitzpatrick moved : To transpose the last two
lines from " The King " to " Union," and insert them after
"Africa."
Mr. Malan moved: That the further consideration of this
clause stand over.*
Agreed to.
On Clause Five,
Mr. Hyslop moved: To omit "subsequent."
Agreed to.
Clause, as amended, put and agreed to.
Clause Six having been put,
* Clauses adopted without amendment are not recorded.
t Scr pages 223 and 237.
\ Fee pages 15!) and 224.— G.R.H.
MINUTES OF PROCEEDINGS. 155
Mr. Merriman moved : That the Convention resume the
consideration of the Draft Act to-morrow.
Agreed to.
5. On the motion of Mr. Merriman, the Convention ad-
journed at half-past twelve o'clock p.m.
CAPE TOWN, Thursday, 14'ra sun^sy, 1909.
Ten o'clock a.m.
1. All the members were present, except Sir William
Milton.
2. Mr. Saner, as Chairman, brought up the revised* First
Eeport of the Committee appointed by resolution of the Con-
vention, dated the 7th December, 1908 [page 114], to make
recommendations in regard to Finance and Trade, as follows:
Your Committee having considered the question of Finance
and Trade generally, as well as the following matters speci-
ally referred to them, viz. : —
(1) Motion and notices by Mr. Merriman [pages 21 and 114].
(2) Financial relief to Capitals of Colonies in which Union
Capital not situated [page 125].
(3) Salary and allowances to be paid to Governor-General
[page 125].*
(4) Treaty Eights and obligations [page 131],
beg to recommend the following : —
1. All revenues, from whatever source arising, over which
the several Colonies have at the establishment of the Union
power of appropriation shall vest in the Governor-General-in-
Council. There shall be formed a Railway and Harbour
Fund, into which shall be paid all revenues raised or received
by the Governor-General-iii-Couiicil from the administration
of the Railways, Ports and Harbours, and such fund shall be
appropriated by Parliament to the purposes of the Railways,
Ports and Harbours in the manner prescribed by this Act.
There shall also be formed a Consolidated Revenue Fund, into
which shall be paid all other revenues raised or received by
the Goveriior-General-in-Council, and such fund shall be ap-
propriated by Parliament for the purposes of the Union in the
manner prescribed by this Art and subject to the charges im-
posed thereby.
2. The Governor-General-in-Couneil shall as soon as may
be after the establishment of the Union appoint a Commis-
sion, consisting of one representative from each Province, and
presided over by an officer from the Imperial Service, to in-
stitute an inquiry into the financial relations which should
* The First Report [pages i:u> 112J was referred back to the Committee for
further consideration by resolution dated the 12th January, 1909 rpa?e ir>2|.—
G.R.H.
SOUTH AFRICAN NATIONAL CONVENTION, 1908 — '09.
exist between the Union and the Provinces. Pending the
completion of that inquiry and until Parliament otherwise
provides, there shall be paid annually out of the revenues of
the Union to the Administrator of each Province :
(a] An amount equal to the sum provided in the estimates
for education, other than higher education, in respect of the
financial year 1908-09 as voted by the Parliaments of the re-
spective Colonies during the year 1908.
(6) Such further sums as the Governor-General-in-Council
may consider necessary for the due performance of the ser-
vices and duties assigned to the Provinces respectively.
Until such inquiry shall be completed the Executive Commit-
tees in the several Provinces shall frame annually estimates
of their expenditure for the approval of the Governor-Gen-
eral-in-Council, and no expenditure shall be incurred by any
Executive Committee which is not provided for in such ap-
proved estimates.
3. The Consolidated Revenue Fund shall be permanently
charged with the costs, charges and expenses incident to the
collection, management and receipt thereof, and the same
shall form the first charge thereon.
4. The annual interest of the public debts of the several
Colonies and any sinking funds constituted by law at the
establishment of the Union shall form the second charge on
the Consolidated Revenue Fund.
5. Subject to the several payments by this Act charged on
the Consolidated Revenue Fund the same shall be appro-
priated by Parliament for the Public Service.
6. No money shall be drawn from the Consolidated Revenue
Fund or the Railway and Harbour Fund except under appro-
priation made by law. But until the expiration of two
months after the first meeting of Parliament, the Governor-
General-in-Council may draw therefrom and expend such
moneys as may be necessary for the public service and for
railway and harbour administration respectively.
*7. All stocks, cash, bankers' balances and securities for
money belonging to each Colony at the establishment of the
Union shall be the property of the Union.
8. Crown lands, public works, and all property throughout
the Union, movable or immovable, belonging to the several
Colonies at the establishment of the Union, and all rights in
connection therewith shall vest in the Governor-General-in-
Council, subject to any debt or liability specifically charged
thereon.
9. All rights in and to mines and minerals and all rights
in connection with the searching for, working for or disposing
of minerals or precious stones which at the date of the estab-
lishment of the Union are vested in the Government of any
of the Colonies shall, on the establishment of the Union, vest
in the Governor-General-in-Council.
* See page 168.— G.R.H.
MINUTES OF PROCEEDINGS. *157
10. The Union shall assume all debts and liabilities of the
several Colonies existing at the establishment of the Union,
subject to the conditions imposed by any law under which
such debts or liabilities were raised or incurred, and may con-
vert, renew or consolidate such debts.
11. All ports and harbours and all railways belonging to
the several Colonies at the establishment of the Union shall
from the date of the establishment vest in the Governor-Gen-
eral-in-Council. No railway, port, harbour or similar work
shall be constructed without the sanction of Parliament.
12. Subject to the authority of the Governor-General-in-
Council, the control and management of the Railways, Ports
and Harbours of the Union shall be exercised through a
Board consisting of three Commissioners who shall be ap-
pointed by the Governor-General-in-Council, and a Minister
of State, who shall be Chairman. Each Commissioner shall
hold office for a period of five years, but may be reappointed.
He shall not be removed before the expiration of his period
of appointment except by the Governor-General-in-Council for
cause assigned, which shall be communicated by message to
both Houses of Parliament within one week after the removal
if Parliament be then sitting, and if Parliament be not sitting
then within one wreek after the commencement of the next
ensuing session. The salaries of the Commissioners shall be
fixed and provided by Parliament, and shall not be reduced
during their respective terms of office.
13. The Railways, Ports and Harbours of the Union shall,
saving the rights of creditors, be administered on business
principles, due regard being had to agricultural and indus-
trial development within the Union, and the promotion, by
means of cheap transport, of the settlement of an agricultural
or industrial population in the inland portions of the Union.
So far as may be, the total earnings shall be not more
than are sufficient to meet the necessary outlays for working
maintenance, betterment, depreciation and the payment of in-
terest due on capital invested therein, not being capital con-
tributed out of Railway or Harbour revenue and not being
interest on any capital which Parliament may provide in
accordance with the provisions of Resolution No. 16. The
amount of interest due on such capital invested shall be paid
over from the Railway and Harbour Fund into the Consoli-
dated Revenue Fund.
The Governor-Generul-in-Council shall give effect to the
provisions of this resolution as soon and at such time as the
necessary administrative and financial arrangements can be
made, but in any case shall give full effect to them before the
•expiration of four years from the establishment of the Union.
14. The Board may establish a fund to be used for main-
taining as far as may be uniformity of rates to meet fluctua-
tions in traffic.
15. All balances, standing to the credit of any fund estab-
lished in any of the Colonies for railway or harbour purposes
158 SOUTH AFRICAN NATIONAL CONVENTION, 1908 — '09.
at the establishment of the Union shall be under the sole con-
trol and management of the Railway and Harbour Board, and
shall be deemed to have been appropriated by Parliament for
the respective purposes for which they have been provided.
*16. If Parliament shall require the construction of any port
or harbour works or any line of railway the earnings of which
will in the opinion of the Board be insufficient to meet the
charges for working expenses, maintenance, betterment and
depreciation and to provide for payment of interest on the
capital invested in such construction, provision shall be made
annually by Parliament for payment to the Board out of the
Consolidated Revenue Fund or otherwise of a sum sufficient to
make up any deficiency actually incurred.
*17. If Parliament or the Governor-General-in-Council shall
require the Railway and Harbour Board to provide any ser-
vices or facilities either gratuitously or at a rate of charge
which is insufficient to meet the costs involved in the provi-
sion of such services or facilities the Commissioners shall at
the end of each financial year frame an account showing the
amount of expenditure incurred in respect of such services or
facilities in excess of the revenue, if any, received in respect
thereof, and such amount shall be paid over from the Consoli-
dated Revenue Fund to the Railway and Harbour Fund.
18. That the Governor-General be paid a salary of £10,000
per annum.
19. That Resolution No. 68 already passed by the Conven-
tion t be amplified to read as follows :
68. A Provincial Revenue Fund shall be formed in every
Province into which shall be paid all revenues raised by
or accruing to the Provincial Council, and all moneys
paid over by the Governor-General-in-Council to
the Provincial Council. Such fund shall be
appropriated by the Provincial Council by ordi-
nance for the purposes of the Provincial administra-
tion generally or, in the case of moneys paid over by the
Governor-General-in-Council for particular purposes,
then for such purposes, but no such ordinance shall be
massed by the Provincial Council unless the Adminis-
trator shall have first recommended to the Council to
make provision for the specific service for which the
appropriation is to be made. No money shall be issued
from the Provincial Revenue Fund except in accordance
with such appropriation and under warrant signed by the
Administrator.
20. The Governor-General-in-Council shall appoint a fit
person to be Auditor-General of the Union, and such Auditor-
General shall not be removed from office except for cause
* These resolutions were subsequently referred back to the Committee— se«
gfH ll'>7 ICiS nud 1 70.
j See papres 102 and 113.— G.R.II.
MINUTES OF PROCEEDINGS. 159
shown, which shall be communicated in writing to him and
'.by message to both Houses of Parliament within one week
after the removal if Parliament be then sitting, and if Parlia-
ment be not sitting then within one week after the commence-
ment of the next enduing session. He shall be paid out of
the Consolidated Revenue Fund such salary as the Governor-
General-in-Council may, subject to the approval of Parlia-
ment, direct.
*21. In regard to the question of financial relief for any loss
which may be caused in the form of diminution of prosperity
or decreased rateable value by reason of the decision of the
Convention as to the situation of the Union Capital the Com-
'inittee are of opinion that the principle should be recognised;
and that relief should be given to existing capitals not selected
for the Union Capital by means of a contribution for a period
of thirty years and thereafter until Parliament otherwise pro-
vides of two per cent, per annum on the amount of the muni-
cipal debts of such capitals as at 31st January, 1909, one-half
of which contribution shall be applied to redemption of
debt.
If within a period of two years from the date of the estab-
lishment of the Union the suburban municipalities of Green
and Sea Point, Woodstock, Mowbray, Rondebosch, Claremont
and Wynberg are incorporated with the Municipality of Cape
Town, then a similar contribution for the same period and
subject to the same conditions shall be made on the Municipal
debts of such suburban Municipalities so incorporated.
Mr. Sauer moved : That the report be considered to-morrow.
Agreed to.
• >. Consideration of Draft South Africa Act resumed.
The President stated that when proceedings oil the draft
Act were adjourned yesterday, Clause Four, as amended, was
standing over with a further amendment thereon proposed by
Sir Percy Fitzpatrick, and Clause Six had been put.
The further amendment proposed by Sir Percy Fitzpatrick
put and negatived.
Clause Four as amended, put and agreed to.
Consideration of Clause Six resumed.
Mr. Fischer moved: To omit ''Orange," and substitute
"Oranje."
Agreed to.
Chuise, as amended, put and agreed to.
( hi Clause Nine,
Mi: Snuer moved: To fill up the blank with "£10,000."
Agreed to.
Mr. Hyslop moved: After "sum," to omit "which shall
be," and substitute "of."
Agreed to.
Clause, as amended, put and agreed to.
* This resolution was subsequently referred back to the Committee— see pairs
172.— G.R.H.
160 SOUTH AFRICAN NATIONAL CONVENTION, 1908 — '09.
On Clause Ten,
Mr. Browne moved : To omit all the words from "but no
such " to the end.
Agreed to.
Clause, as amended, put and agreed to.
Business suspended at eleven o'clock a.m.
Quarter past eleven o'clock a.m.
Business resumed.
4. Minutes of previous meeting confirmed.
5. Consideration of draft South Africa Act continued.
On Clause Thirteen,
Dr. Beck moved : To omit "House of" before "Assembly, 'r
and substitute "Legislative."
Upon which the Convention divided :
"AYES"— 13. "NOES"— 17.
Beck, Dr. Botha, Gen.
De Villiers, Sir'J. H. Browne, Mr.
De Wet, Gen. Burger, Gen.
Fischer, Mr. De la Rey, Gen.
Hertzog, Gen. Farrar, Sir G. H.
Hyslop, Mr. Fitzpatrick, Sir J. P.
Merriman, Mr. Greene, Col.
Moor, Mr. Hull, Mr.
Smythe, Mr. Jagger, Mr.
Steyn, Mr. Jameson, Dr.
Van Heerden, Mr. Lindsay, Mr.
Walton, Mr. Maasdorp, Mr.
Watt, Mr. Malan, Mr.
Sauer, Mr.
Smartt, Dr.
Smuts, Gen.
Stanford, Col.
The amendment accordingly negatived.
The President intimated that he understood this decision'
to mean that the words "House of Assembly" were to be-
substituted throughout the Draft Act for "Legislative As-
sembly" wherever the latter words occur.*
Ordered accordingly.
Clause agreed to without amendment.
On Clause Fourteen,
Mr. Jacjyer moved: Before " officers/' to omit " all."
Aftor discussion,
With leave of the Convention,
This amendment was withdrawn.
Clause agreed to without amendment.
tClause Seventeen having been agreed to,
* In Clause Thirteen the phrase " House of Assembly " was used, but in the
remainder of the draft " Legislative Assembly " appeared.
t Subsequently amended — wee pages 224 and 237. — Gr.R.H.
MINUTES OF PROCEEDINGS. 161
Sir I'erey Fitzimlrick moved : Thai Clauses Eighteen,
T \veniy-one and Twenty-two siand over.*
Agreed to.
On Clause Twenty-three,
Col. Stanford moved: In sub-section (e), to omit "£1,000"
and substitute ".£500."
1'pnn which the Convention divided:
"AYES"— 14. "NOES"— 10.
Botha, (Jen. Beck, Dr.
Browne, Mr. Burger, Gen.
l)e Wet, Gen. l)e la Key, Gen.
Farrar, Sir G. II. De Villiers, Sir J. H.
Fischer, Mr. Greene, Col.
Fit /pat rick, Sir J. P. Hyslop, Mr.
Herixog, Gen. J agger, Mr.
Uull, Mr. Maasdorp, Mr.
Jameson, Dr. Malan, Mr.
Lindsay, Mr. Merriman, Mr.
Smuts, Gen. Moor, Mr.
Stanford, Col. Saner, Mr.
Stevn, Mr. Smartt, Dr.
Watt, Mr. Smythe, Mr.
Van Heerden, Mr.
Walton, Mr.
The amendment accordingly negatived.
Ge it. Snuitx moved: In sub-section (b), before "voter"
to insert "Parliamentary.''
Mr. MfiJtni moved: After "voter," to insert "for the elec-
tion of members of the House of Assembly."
Agreed to, and the amendment proposed by General Smuts
dropped.
Gen. Hertzofi moved: In sub-section (a), before "thir-
ty," to insert "not less than."
Agreed to.
tClause, as amended, put and agreed to.
On Clause Twenty-five.
Mr. \\'<tlton moved: To omit "Before" and >ubstitute
"Prior to."
Agreed to.
Clause, as amended, put and agreed to.
On Clause Twenty-six.
Gen. Sinntx moved: To omit "thereupon," and substi-
tute "as soon as practicable."
Dr. Snif/rft moved : That the further consideration of the
Clause stand over.*
Agreed to.
( hi Clause Twenty-seven.
* See pa^es 21 '2 L'l 7.
T Subsequently further amended -see patres 21S and 2-1.
t See pape 217.— G.R.H.
162 SOUTH AFRICAN NATIONAL CONVENTION, 1908— 09.
Mr. Walton moved: To omit "twelve" and substitute
"one-third of the number of."
Tli is amendment put and negatived.
Clause agreed to without amendment.
*Clause Thirty agreed to, with the substitution of
"Oranje" for "Orange."
Clause Thirty-one put.
Discussion ensued.
G. Gen. Smuts moved : That at its rising on Friday the
Convention adjourn until Saturday at ten o'clock a.m.
Agreed to.
Business suspended at one o'clock p.m.
Two o'clock y.m.
Business resumed.
7. Consideration of Draft South Africa Act continued.
Mr. J agger moved : To add a new sub-section to Clause
Thirty-one :
(vi.) "Adult males" in this Act shall be taken to mean
males of twenty-one years of age or upwards.
Agreed to.
Mr. Fischer moved : In sub-section (iii), before "Census"
where it occurs the second time to insert " last preceding/'
and to omit " of 1904."
Mr. Malan moved : That the further consideration of this
clause stand over.t
Agreed to.
On Clause Thirty-three,
Mr. Mai an moved : To add at the end "A bill so passed at
such joint sitting shall be taken to have been duly passed by
both Houses of Parliament."
Agreed to.
^Clause, as amended, put and agreed to.
On Clause Thirty-five,
Mr. Lindsay moved: That this Clause be added to Clause
Thirty-three, as a sub-section (ii).
Agreed to.
Mr. Watt moved : That this sub-section be amended by
omitting "prior to" and substituting "at," and by omitting
"shall be" whei'e it first occurs and substituting "is."
Agreed to.
Clause, as amended, p\it and agreed to.
On Clause Thirty-six.
(Jen. Smut* moved: In sub-section (ii) to omit from "the
dale" to "l/nion and," and to omit "such"' and substitute
"t he electoral. "
Agreed to.
Mr. \Vnt1. moved: To omit "on the same day," and to add
"on a day to be appointed by the Governor-General-in-Coun-
cil."
* Snl K nut-nth' further amended— see pushes 20S °nd '2'M.
T Sec pa.?'-s '2>)~- :>i>i>.
+ See i aijre- -'20 a -id L'l'^.— (i.R.H.
MINUTES OF PROCEEDINGS. 163
.]//-. Ja;/(/er moved: After "on" to insert "one and," and
to add at the end ''such day to be appointed by the Governor-
General -in-Council."
After discussion,
With leave of the Convention,
The amendment proposed by Mr. Watt was withdrawn.
The amendments proposed by Mr. J agger put and agreed to.
Clause, as amended, put and agreed to.
(ii'n. N in ut .t moved : That Clauses Thirty-seven and Thirty-
eight stand over.t
Agreed to.
On Clause Thirty-nine,
Mr. Malan moved : After "Joint Commission" to insert
"to be appointed consecutively in each of the Colonies by
the Governor thereof."
Discussion ensued.
Col. (ji-ccnc moved: That the consideration of the Draft
Act be adjourned until to-morrow.
Mr. Snnjthe moved : That the Convention suspend business
for ten minutes.
This motion having been put and negatived,
The motion for the adjournment was then put and agreed to.
8. On the motion of Dr. Smartt, the Convention adjourned
at four o'clock p.m.
CAPE TOAVX, Friday, 1">TH January, 1909.
Ten o'clock a.m.
1. All the members were present except Sir William Milton.
2. The President put in letters from the Mayor and Town
Councillors of Parys, Orange River Colony, dated the -3rd
December, 1908, and from the Mayor of Potchefstroom,
Transvaal, dated the 13th instant, setting forth the advan-
tages of those places respectively as a site for the Union
Capital.
3. Revised First Report of Committee on Finance to be con-
sidered.
The President stated that this report would be found on
pages 155-159 of the Proceedings.
(In Resolution Xo. 1 [page 155].
Gen. Smut.-: moved: To omit at the end "and subject TO
the charges imposed thereby."
After discussion.
With leave of the Convention,
This amendment was withdrawn.
Resolution put and agreed to.
On Resolution Xo. 2 [pages 155-156].
Mr. \ an Hcerdcn moved: To add after >uh--;ection (b)
"and in respect of the Cape of Good Hope an additional
* Subsequently further amended — see pagrc 'JL'1.
T See pa?e 20l'».— G.R.H.
164 SOCTII AFRICAN NATIONAL CONVENTION, 1908 — '09.
amount equal to that raised in that Colony during the finan-
cial year 1908-9 by means of local taxation for the purpose of
.such education."
After discussion,
With leave of the Convention,
This amendment was withdrawn.
(ren. ,S'//n//.v moved: To omit "revenues of the Union'' and
substitute "Consolidated Revenue Fund."
Agreed to.
Mr. J<n)(jcr moved : To omit "such inquiry shall be com-
pleted" and substitute "the provision mentioned in the fore-
going part of this section has been made by Parliament;" and
to omit "frame," and insert "submit" after "annually."
Gen. Smut* moved: After "completed" to insert "and
Parliament shall have made other provision."
With leave of the Convention,
The first part of Mr. -Tagger's amendment was withdrawn.
The remaining amendments put and agreed to.
Business suspended at eleven o'clock a.m.
Quarter />c/.vf elcrcn o'clock a.m.
Business resumed.
4. Minutes of previous meeting amended in two particulars
and confirmed.
o. On the suggestion of the President,
Resolved : That the Convention adjourn to-morrow not later
than half-past twelve o'clock p.m.
G. Consideration of Resolution No. 2 of revised First Report
of Committee on Finance continued.
Resolution, as amended, put and agreed to, viz. : —
2. The Grovernor-General-in-Cotmcil shall, as soon as may
be after the establishment of the CJiiion, appoint a Commis-
sion, consisting of one representative from each Province,
and presided over by an officer from the Imperial Service, to
institute an inquiry into the financial relations which should
exist between the Union and the Provinces. Pending the
completion of that inquiry, and until Parliament otherwise
provides, there shall be paid annually out of the Consolidated
Revenue Fund to the Administrator of each Province :
fa) an amount equal to the sum provided in the estimates
for education, other than higher education, in respect of the
financial year 1908-09, as voted by the Parliaments of the
respective Colonies during the year 1908;
(b) such further sums as the Governor-General-in-Council
may consider necessarv for the due performance of the services
and duties assigned to the Provinces respectively.
I util Mich inquiry shall be completed, and Parliament
shall have made oilier provision, the Executive Committees in
the >everal Provinces ^liall annually submit estimates of their
expenditure for the approval of the Governor-General-ill-
Council, and no expenditure >hall be incurred by anv Ivxecu-
MIXUTF.S OF PROCEEDINGS. 165
live Committee which is not provided for in such approved
estimates.
[{('solutions No. •'> to 7* [ page 1"»<> put and agreed to.
On Resolution S | page l-~>(i|,
G'cn. >'//<// ,'x moved: To omit "in connect ion therewith ,"
and substitute "of whatever description."
Agreed to.
Resolution, as amended, put and agreed to, vix. :
S. Crown lands, public works, and all property throughout
the I'nion, movable or immovable, belonging to the several
Colonies at the establishment of the Union, and all rights of
whatever description shall vest in the Governor-General-in-
Council, subject to any debt or liability specifically charged
thereon.
Resolution No. !) [page l">(i| put and agreed to.
On Resolution No. 10 [page K>7 ,
d't'ii. Snuit* moved: To omit "the" before "establish-
ment," and substitute "its" and to omit "of the Union."
After discussion,
\\ ith leave of the Convention,
This amendment was withdrawn.
Mr. Merr'nimn moved: To omit "the" before "Union" and
substitute "such."
This amendment put and negatived.
Resolution put and agreed to without amendment.
On Resolution No. 11 [page 1;~)7],
Dr. Siinirlt moved : To omit the first "and" and the second
"all."
Mr. Men-/ inti/i moved : To omit "of the establishment" and
>iibst it ute '' thereof. "
These amendments put and agreed to.
Mr. Jdijtjer moved : To omit the last sentence.
This amendment put and negatived.
Mr. 11 (iltu/i moved: After "No" to insert "public.''
Agreed to.
Resolution, a> amended, put and agreed to, vix. :-
11. All ports, harbours and railuavs belonging to the
several Colonies at the establishment of the Union shall from,
the date thereof vest in the Governor-General-in-Council. Xo
public railway, port, harbour or similar work shall be con-
structed without the sanction of Parliament.
(In Resolution No. 1'J page l->7i.
(it'n. Sin u I* moved: Before " if Parliament ' to omit
"and" and substitute "or."
Agreed to.
Sir (icori/c I" n rrnr moved: ]{efore "three" to insert "not
more than.'
Resolution No. 7 \va< suh--e inently rt'tVi-rcil h'ick to th- ronnuittft- — see
p;mv- liN. Is.; is<.
166 SOUTH AFRICAN NATIONAL CONVENTION, 1908 — '09.
Mr. Jayyer moved : After "three" to insert "and not less
than two."
The amendment proposed by Sir George Farrar put and
agreed to.
The amendment proposed by Mr. Jagger put and negatived.
Resolution, as amended, put and agreed to, vix.: —
12. Subject to the authority of the Governor-General-iri-
Council, the control and management of the Railways, Ports
and Harbours of the Union shall be exercised through a
IJoard consisting of not more than three Commissioners who
shall be appointed by the Governor-General-in-Council and a
Minister of State who shall be Chairman. Fach Commis-
sioner shall hold office for a period of five years, but may be
re-appointed. He shall not be removed before the expiration
of his period of appointment except by the Governor-General-
in-Council for cause assigned, which shall be communicated
by message to both Houses of Parliament within one week
after the removal if Parliament be then sitting or if Parlia-
ment be not sitting then within one week after the com-
mencement of the next ensuing session. The salaries of the
Commissioners shall be fixed and provided by Parliament,
and shall not be reduced during their respective terms of
office.
On Resolution So. 13 [page 157],
Dr. Beck moved: To omit "on business principles due re-
gard being had" and substitute "with due regard."
After discussion,
With leave of the Convention,
This amendment was withdrawn.
Mr. Jjindsay moved: To omit "saving the rights of credi-
tors."
Agreed to.
Gen. Smuts moved: After "agricultural" to omit "Or"
and substitute " and."
Agreed to.
Resolution, as amended, put and agreed to, vix.: —
13. The Railways, Ports and Harbours of the Union shall
be administered on business principles, due regard being had
to agricultural and industrial development within the Union
and the promotion, by means of cheap transport, of the set-
tlement of an agricultural and industrial population in the
inland portions of the Union.
So far as may be the total earnings shall be no! more than
are sufficient to meet the necessary outlays for working, main-
tenances betterment, depreciation and the payment of interest
duo on capital invested therein, not being capital contributed
out of Railway or Harbour revenue, and not being interest on
any capital which Parliament may provide in accordance
wilh the provisions of Resolution Xo. l(i. The amount of
interest due on such capital invested shall be paid over from
the Railway and Harbour Fund into the Consolidated
Revenue Fund.
MINUTES OF PROCEEDINGS. 167
The Govei nor-General-in-Council shall give effect to the
provisions of this resolution us soon and at such time as the
necessary administrative and financial arrangements can be
made, hut in any case si all give full effect to them before
the expiration of four years from the establishment of the
Union.
Resolution No. 1-1 [page 157] put and agreed to.
(>n Resolution No. !•"> (pages 157-158],
Mr. I1' is< -ficr moved: To make "railway" and "harbour"
in the plural; to omit "or"; after "harbour" to insert "or
other special"; to omit all the words after "purposes" to
"Hoard and," and to add at the end "All balances standing
to the credit of railways or harbours shall be under the sole
control and management of the railway and harbour boards."
After discussion,
With leave of the Convention,
This amendment was withdrawn.
Resolution put and agreed to without amendment.
On the motion of Mr. Watt,
The Convention reverted to Resolution No. 1;' [page 1;>7].
Mr. 11 tiff moved: To omit "invested therein.''
This amendment put and negatived.
On Resolution No. 1(J [page 158],
(ii'n. Snniix moved: After "make" to omit "up" and
substitute "good."
Agreed to.
Resolution, as amended, put and agreed to [see below].
*Resolution No. 17 page 158J put and agreed to. [See
below.]
Resolution No. 18 [page 158 put and agreed to.
Business suspended at one o'clock p.m.
Two o'clock fi.in.
Business resumed.
Consideration of revised First lieport of Committee on
Finance continued.
On the motion of Gen. Smuts, the Convention reverted
to Resolution No. 17 [ page 158 .
Mr. \\</lto/< moved: After "amount" to insert "after
audit."
This amendment was put and negatived.
On the motion of Gen. Ilert/og, the Convention reverted
to Resolution No. 1(1 [page 158].
(ifn. ffcrtzot/ moved: Before "Parliament ' to insert
"contrary to the advice of the Board."
Dr. Si/Kirtf moved: After "railway" To invert "not recom-
mended by the Board."
Mr. ./<///</>•/• moved: That the Resolution be referred back
to the Finance Committee.
* This rv<i>lutio:i wu-s subs qur;itlv referral l>:i'k ro the Coimnitt-e— -•> •
l>Ui?«> 17". (i.R.H.
168 SOUTH AFRICAN NATIONAL CONVENTION, 1908 — '09.
Upon which the Convention divided:
"AYES"— IT. Walton, Mr.
Watt, Mr.
Botha, Gen.
Q" 1-1
Burger, Gen.
De la Rev, Gen. Beck, Dr.
De Wet, Gen. Browne, Mr.
Farrar, Sir G. H. De Til Hers, Sir J. 11.
Fitzpatriek, Sir J . P. Fischer, Mr.
Greene, Col. Hertzog, Gen.
Hull, Mr. Jameson, Dr.
Hyslop, Mr. Lindsay, Mr.
-Tagger, Mr. Maasdorp, Mr.
Malan, Mr. Merriman, Mr.
Moor, Mr. Sauer, Mr.
Smuts, Gen. Smartt, Dr.
Smythe, Mr. Stanford, Col.
Steyn, Mr. Van Heerden, Mr.
Motion accordingly agreed to.
On Resolution No. 19 [page 158 J,
Resolved : That this resolution be considered when Clause
90* of the Draft South Africa Act is under consideration.
On Resolution No. 20 [pages 158-159],
Mr. Merriman moved : To add "and shall exercise such
powers and functions as may be assigned to him by Parlia-
ment, and pending provision to be made in that behalf, he
shall exercise -in id at ix mutandis such powers and functions as
are assigned to the Controller and Auditor-General under the
Audit Act No. 14 of 1900 of the Colony of the Cape of Good
Hope and the regulations thereunder.''
Discussion ensued.
Mr. Mcrrimnn moved : Thai the debate be adjourned until
to-morrow.
Agreed to.
7. IJic President read and put in a telegram of this date
from the Town Clerk of Kroonstad offering, on behalf of the
Town Council, sites at that place for federal buildings and
other requirements.
8. Mr. F/xcJier moved: That the Convention revert to Re-
solution No. 7 of the Finance Committee's Report with a view
of considering the following proviso, viz. :— "Provided that
the balances of any funds raised by law for any special pur-
poses in any of the Colonies shall be deemed to have been
appropriated by Parliament for the special purposes for which
they have been provided."
-I//-. Hull moved: That the proposed proviso be referred to
the Finance Committee.
Agreed to.
9. On the motion of Mr. Fischer, the Convention adjourned
a' a <|ii;i rtrr to four o'clock p.m.
* Sec pajrcs ],«i>-18:5. -G.R.H.
MIXUTKS OF PROCKKDI.NOS. 169
CAPK TOWN, SiiturJtn/, KJTII Jntiutiry,
I Cii o'clock it. in.
1. All the members were present except Sir William
Milton and Mr. Steyn.
"2. Consideration of revised first report of Committee ou
Finance, resumed.
The /'rex/dent stated that this report would be found on
pages 1;V>-1~)!) of the Proceedings, and that when the con-
sideration was adjourned yesterday, Resolution Mo. 20 had
been put j pages K^S-l /")!)], and an amendment had been moved
by Mr. Merriman to add "and shall exercise such powers and
functions as may be assigned to him by Parliament, and
pending provision to be made in that behalf, he >hall exercise
intitut i* niitttinditt such powers and functions a> are assigned
to the Controller and Auditor-General under the Audit Act
Xo. 14 of 190(1 of the Colony of the Cape of Good Hope and
(he regulations thereunder.''
Col. Stanford moved, a- an amendment to Mr. Merri-
man's amendment : To omit all the words after "under" and
substitute "regulations to be framed by the Governor-
General-in-Council. "
.1/r. J''i. «-/ier moved : To add to the Resolution : "1'ntil Par-
liament shall otherwise provide the Controller and Auditor-
General shall exercise such powers and function>, and under-
take such duties as may be assigned to him bv the Governor-
General-in-Council by regulations framed in that behalf."
After discussion,
The amendments proposed by Mr. Merriman and Col.
Stanford were withdrawn.
The amendment proposed by Mr. Fischer put and agreed To.
Mi. .Miiniinin moved: Before "Auditor-General" to insert
"Controller and": to omit "of the I'nion and Mich Auditor-
General and substitute "who": and before "it Parliament*
to omit "and" and substitute "or. '
Agreed to.
Resolution. a> amended, put and agreed to. vi/.: —
20. The Governor-General-in-Council shall appoint a tit
person to l)c Controller and Auditor-General who -hall not lie
removed from office except for cau-e -hown which -hall be
communicated in writing to him. and by message to both
Hou>e- of Parliament within one week after the removal if
Parliament lie then sitting or if Parliament be not -itting
then within one week after the commencement of tin1 next
eiiMiing -e-Mon. He shall be paid out of the Consolidated
Revenue Fund Mich salary a- the Governor-General-in-Coun-
cil mav subject to the ap]>rova] of Parliament direct. 1'ntil
Parl lament -hall otherwi-e ]ir<ivide the ( 'unt ml ler and Audi-
tor-General M'lall exer<-i^e Mich power^ and fundKui-, and un-
dertake .Mich duties a> may be assigned in him bv the
Governor-General-in-Couneil bv regulation- framed in thai
behalf.
170 Sot in AFRICAN NATIONAL CONVENTION, 1908 — 'O'J.
On the motion of Mr. Hull, the Convention reverted to
.Resolution. No. 17 [page 158].
Mr. Hull moved : That this Resolution be referred hack to
the Finance Committee.
Agreed to.
Resolution No. 21 [page 159] put.
Mr. Suiter moved : That the consideration of this resolution
stand over.
After discussion,
This motion was put and negatived.
Mr. J agger moved: To omit all the words after "redemp-
tion of debt," and substitute "In the case of Cape Town it
shall be taken to include the suburban municipalities of
Green and Sea Point, Woodstock, Mowbray, Rondebosch,
Claremont and Wynberg."
Mr. Hull moved, as an amendment : That the Resolution
read as follows :
21. The Convention recognises the principle of compensating
on a liberal scale the present Capitals of the Colonies for any
loss which may be caused in the form of diminution of pros-
peritv or decreased rateable value by reason of the decision
of the Convention as to the situation of the Union Capital.
In view of the impossibility of determining at the present
time the amount of such loss and the extent to which the
towns in question may be beiiefitted by administrative and
other changes consequent on the establishment of Union, the
Convention recommends to Parliament that the Commission
which is to inquire into the financial relations between the
Union and the Provinces should be instructed to inquire into
this matter and to report what compensation, if any, should
be paid by the Union Government to the towns 111 question.
Discussion ensued.
Business suspended at eleven o'clock a.m.
Quarter-past eleven o'clock a.m.
Business resumed.
•1. Minutes of previous meeting confirmed.
4. Consideration of Resolution No. 21 of revised first re-
port of Finance Committee continued.
Gen.. Botha moved: That the further consideration of this
resolution be postponed until after the question of the Union
Capital has been decided.
Discussion ensued.
( )n the motion of Mr. Fischer,
The debate was adjourned until Monday.
•). On the motion of Mr. Snuer, the Convention adjourned at
t \vcniy-tivr minutes to one o'clock p.m.
CAI'K TOWN, Monday, 18'rii January, 1900.
Ten o'clock a.m.
1. All the member- were present, except Sir William
Milton.
MINUTES OF PROCEEDINGS.
2. Consideration of Revised First Report of Committee on
Finance resumed.
The 1'rcsidcnt stated that this report would be found on
pages loo-ir/J of the Proceedings, and lliat when the con-
sideration was adjourned on Saturday Resolution No. 21
[page 159 J had been put, and the following amendments
had been moved, viz.: —
By Mr. J agger: To omit all the words after "redemption
of debt " and substitute " In the case of Cape Town it shall
be taken to include the suburban municipalities of Green and
Sea Point, Woodstock, Mowbray, Rondebosch, Claremont and
Wy n berg."
By Mr. Hull: That the resolution read as follows: —
21. The Convention recognises the principle of compensa-
ting on a liberal scale the present Capitals of the Colonies for
any loss which may be caused in the form of diminution of
prosperity or decreased rateable value by reason of the deci-
sion of the Convention as to the situation of the Union
Capital.
In view of the impossibility of determining at the present
time the amount of such loss and the extent to which the
towns in question may be benefitted by administrative and
other changes consequent on the establishment of Union, the
Convention recommends to Parliament that the Commission
which is to inquire into the financial relations between the
I'liion and the Provinces, should be instructed to inquire into
this matter and to report what compensation, if any, should
be paid by the Tnion Government to the towns in question.
A motion had then been moved by Gen. Botha: That the
further consideration of this resolution be postponed until
after the question of the Union Capital has been decided.
After discussion,
The motion proposed by General Botha was put, and the
Convention divided :
" AYES," 11. DP Villiers, Sir J. H.
Fischer, Mr.
Botha, Gen. Greene, Col.
Burger, Gen. Hertzog, Gen.
De la Rev, Gen. Hyslop, Mr.
De Wet, Gen. J agger, Mr.
Farrar, Sir G. H. Jame>on, Dr.
Fitzpatrick, Sir J. P. Malan, Mr.
Hull, Mr. Merriman, Mr.
Lindsay, Mr. Moor, Mr.
Maasdorp, Mr. Saner, Mr.
Smuts, Gen. Smartt, Dr.
Walton, Mr. Smythe. Mr.
Stanford, Col
<XOKS." 10. Steyn, Mr.
Van Heerdcn. Mi-
Beck, Dr. Watt, Mr.
Browne, Mr.
172 So i in Ann CAN NATIONAL CONVKXTION, 190cS — '09.
The motion accordingly negatived.
Col. (jrcene moved, us a further amendment: To omit the
words " and thereafter until Parliament otherwise provides."
Dr. Smorlt moved, as an amendment to Mr. Hull's amend-
ment : To omit " the Convention recommends to Parliament
that."
Sir I'ercy Fitzpatrick moved : That this resolution he re-
ferred back to the Finance Committee.
Discussion ensued.
.Business suspended at eleven o'clock a.m.
Quarter-past eleven o'rlock n.iu.
Business resumed.
•'). Minutes of previous meeting confirmed.
4. The President, as Chairman, brought up the report* of
the Committee appointed by resolution of the Convention,
dated the 10th and 14th December, 11)08 [pages 12~)-12(i and
12(Sj to report as to the procedure to be followed by the Con-
vention in deciding as to the Capital of the I nion, as follows:
The Committee beg to report as follows: —
1. It was proposed by Gen. Hert/og that the method of
voting for the l/nion Capital should be: —
(i) The Convention shall, previous to the election of a site
for the Union Capital in any Colony, elect from amongst the
four Colonies represented at the Convention any one of the
said Colonies as the Colony within which the capital is to be
situated.
(ii) Such Colony shall he elected in manner following:
(a] Every member of the Convention shall have and bring-
out one vote on paper ;
(h) The voting paper shall contain the name of the Colony
preferred by the voter from amongst the said four Colonies,
and shall be signed by the voter and thereupon handed over
to the Chief Secretary of the Convention, who, together with
the other secretaries, shall count the voting papers and make
a return thereof to the President of the Convention, specify-
ing the number of votes given in favour of each of the several
( 'olonies aforesaid :
(r) The Colony which is found to have obtained the smallest
number of votes shall thereupon be eliminated From the list,
and thereafter the Convention shall again vote in manner
above prescribed between the remaining three Colonies and
'lie ( olony which upon such SIM-OIK! voting has obtained the
smallest number of votes shall likewise be eliminated:
"/ In 'he event of the voting in any of the two previous
cases resulting in a tie between the two Colonies which have
obtained the -mallest number of votes, the Convention shall
For Interim Report see passes 1 HS-1 li'.i. G-.R.H.
MINUTES OF PROCEEDINGS. '"3
immediately and without proceeding any further with the
voting, decide in the ordinary manner as to which of the said
two Colonies shall be eliminated;
(V) As soon as the number of Colonies on the list shall have
been reduced to two, the Convention, in manner prescribed
above, shall proceed to vote between the two Colonies thus re-
maining, and the Colony which thereupon obtains sixteen or
more votes shall be declared to be the Colony elected for the
site of the Union Capital: provided that any delegate from
any of the four Colonies shall be entitled to challenge the
right of such Colony to be declared so elected by proposing
any one of the said four Colonies, except such Colony or
Colonies as has, or have, already singly competed with the
Colony elected, but not yet so declared, and in case any Colony
so opposed to the Colony elected shall obtain in its favour an
absolute majority of the votes of the members of the Conven-
tion, Mich Colony shall, subject likewise to the above proviso,
be declared elected for the site of the I'nioii Capital;
But in case no Colony so opposed to the Colony at the time
elected shall obtain in its favour at least fifteen votes, the
Colony already elected shall be declared elected for the site of
the I'nion Capital.
(IT) Gen. Botha proposed that the procedure should be as
follows : —
Each delegate writes the name of the Colony within which,
in his opinion, the Capital should be situated on a voting
paper signed by himself, i.e., A, B, C, or D.
The Chief Secretary reads aloud the voting papers, and the
other Secretaries count the same.
The lowest falls out, but if the two lowest are equal the
Convention by voting papers votes between the two, and the
lowest (Dj falls out.
Fach delegate writes on a voting- paper, as before, the
name of A, B, or C. The lowest falls out^ but if the two
lowest are equal the Convention bv voting papers votes be-
tween these two, and the lowest (C) falls out.
The Convention then by voting papers votes between A a. 'id
B, and the highest, if it receives sixteen or more votes, i*
declared duly elected as the Province in which the Capital
>liould be situated.
(111,. Two voirs were given for (ien. Hertzog's proposal
and two for Cren. Botha's, and in view of this equality it was
decided that, rather than call upon the Chairman to give his
casting vo'ie, it should he left to the (.'on vent ion itself to de-
cide between the two proposals, or if need be to propose some
other mode of procedure.
5. Consideration of Fir-t KevNed 1'eport of Finance Com-
mittee continued.
The motion proposed bv Sir 1'eivv Fitxpatriek [page l7'-3j to
174 SOUTH AFRICAN NATIONAL CONVENTION, 19U8 — '09.
refer the Resolution No. 21 back to the Committee put, and
the Convention divided:
" NOES," 13.
Beck, Dr.
]J row ne, Mr.
I)e Villiers, Sir J. H.
Fischer, Mr.
Hyslop, Mr.
Jameson, Dr.
Lindsay, Mr.
Maasdorp, Mr.
Merriman, Mr.
Smart t, Dr.
Smythe, Mr.
Stanford, Col.
Watt, Mr.
"AYES," IT.
Hothu, Gen.
Burger, Gen.
Do la Hey, Gen.
De Wet, Gen.
Farrar, Sir G. II .
Fitzpatrick, Sir J. P.
Greene, Col.
Hert/og, Gen.
Hull, Mr.
J agger, Mr.
Malan, Mr.
Moor, Mr.
Sauer, Mr.
Smuts, Gen.
Steyn, Mr.
Van Heerden, Mr.
Walton, Mr.
The motion accordingly agreed to.
0. Consideration of Draft South Africa Act resumed.
The President stated that when the draft Act was under
consideration on the 14th instant Clause Thirty-nine had been
put, and an amendment had been moved by Mr. Malan:
After "Joint Commission" to insert ''to be appointed con-
secutively in each of the Colonies by the Governor thereof.''
After discussion,
Sir 1'crey Fitzpatrick moved : That this Clause be referred
back to tlic Drafting Committee.*
Agreed to.
On Clause Forty-two,
'////' t' result-lit moved: After
and substitut
Agreed to.
Mr. /''/setter moved: After "Province and" to
' subject to the provisions of section ...... ," and to
"any additional " and substitute "the number of."
Mr. Hijxlo/) moved: To transpose the words from "to pro-
vide " do\vn to " this Act," and insert them after " South
Africa."
d'ett. Smuts moved: That this Clause be referred back to
tlie Drafting Committee. f
Agreed to.
On Clause Forty-three,
Mr. Mnlnn moved : In -lib-section ('iii) to omit the last words
"of t he provinces.
Agreed to.
principles as" to omit "in
"are by this Act provided in regard to."
P
insert
omit
r S«-c i»;i<
(T R.H.
MINUTES OF PROCEEDINGS. 175
Mr. Watt moved: That this Clause be referred back to the
Drafting Committee.
After discussion,
This motion was put and negatived.
Mr. J agger moved : To add at the end of paragraph (a),
sub-section (i) " and the number of members to which each
division is entitled."
Agreed to.
Gen. Hertzog moved : At the end of sub-section (iii) to in-
sert " of the Union in the Provinces."
Agreed to.
'Clause, as amended, put and agreed to.
On Clause Forty-five.
(JCH. Smuts moved : To transpose the words, " He must " in
sub-section (i) to follow the words " as follows."
Agreed to.
Mr. Malan moved: To omit "an electoral division of the
Union," and substitute " one of the provinces."
Agreed to.
Clause, as amended, put and agreed to.
On Clause Forty-six.
The President moved : To omit " of the House " and sub-
stitute "thereof."
Agreed to.
Clause, as amended, put and agreed to.
On Clause Forty-eight.
Mr. Walton moved: To omit "Before" and substitute
"Prior to."
Agreed to.
Clause, as amended, put and agreed to.
On Clause Forty-nine.
Mr. J agger moved : To omit " or telegram."
This amendment put and negatived,
t Clause agreed to without amendment.
On Clause Fifty.
.1/7'. Jagger moved: To omit "at least thirty" and sub-
stitute " one-fourth of the number of."
Discussion ensued.
Business suspended at one o'clock p.m.
/ wo o'clock p. m .
Business resumed.
T. Consideration of draft South Africa Act continued.
The amendment proposed by Mr. Jagger put and negatived.
Clause agreed to without amendment.
On Clause Fifty-four,
Mr. Jagger moved: After "unless" to insert "he shall
have been released from " and to omit " shall have expired."
After discussion,
This amendment was put and negatived.
* Subsequently further amended st"> jiajre 225.
t Subsequently amended — seepage 2152. — (l.R.H.
17(5 SoiTir AKUH AN NATIONAL CONVENTION, 1008— '09.
Mr. II it 1 1 moved : To omit " infamous crime and " and sub-
stitute " offence for which lie shall have been" and after
" fine " to insert " for a term of not less than twelve
months."
Agreed to.
Dr. !<in<irU moved : To add to sub-section (c) " or an officer
or member of the naval or military forces of the Union whose
services are not wholly employed by the Union."
Agreed to.
Mr. Mai an moved: To omit sub-section (i).
After discussion,
This amendment was put, and the Convention divided:
"AYES," 10. "XOKS," 14.
Browne, Mr. Beck, Dr.
Burger, Gen. Botha, Gen.
De Villiers, Sir J. II. De la Key, Gen.
Fischer, Mr. De Wet, Gen.
Greene, Col. Farrar, Sir G. H.
Hertzog, Gen. Fitzpatriek, Sir J. P.
Hyslop, Mr. Hull, Mr.
J agger, Mr. Jameson, Dr.
Lindsay, Mr. Merriman, Mr.
Maasdorp, Mr. Sauer, Mr.
Malan, Mr. Smuts, Gen.
Moor, Mr. Steyn, Mr.
Smart t, Dr. Van Heerden, Mr.
Sinythe, Mr. Walton, Mr.
Stanford, Col.
Wait, Mr.
The amendment accordingly agreed to.
Dr. Jit-el moved: After "declared" in sub-section (iv) to
insert "and still is."
After discussion,
With leave of the Convention,
This amendment was withdrawn.
Gen. Hcrlzoy moved: To amend sub-section (iv) to read
'" (iv) is of unsound mind, and lias been so declared by a com-
petent Court."
Agreed to.
<>>'ii. S in a IK moved : To insert " or " at the end of each sub-
sect ion, except the last .
Agreed to.
Clause, as amended, put and agreed to.
Mr. Maltin moved : That the following be a new Clause
Fifty- tour :
'(•>4l Any member of a Provincial Council who shall be
elected as a member of either House of Parliament shall
thereupon ceas«; to be a member of such Provincial Council.
MINUTES OF PROCEEDINGS. 1""
Agreed to.
On Clause Fifty-five,
Mr. -/tif/t/i-r moved : That the following be a new sub-section
fiv.J :
(iv) Directly or indirectly takes or agrees to take any fee or
honorarium for servic.es rendered in Parliament to any person
or persons.
This amendment put and negatived.
(t't'n. llcrlzatj moved: To omit "last preceding" and in-
sen after " section " the words " fifty-four."
Agreed to.
"''Clause, a- amended, [tut and agreed to.
( )n Clause Fifty-six,
den. Smut* moved : To omit " such person " and substitute
-' lie."
Agreed to.
"•"Clause, as amended, put and agreed to.
(In Clause Fifty-seven,
Mr. llt^lnu moved: To transpose the words "under such
rules as shall be framed hv Parliament ' to follow after
•' shall."
Agreed to.
Clause, as amended, put and agreed to.
On Clause Fifty-eight,
Mr. J(i(j(jt r moved : After "members," where it rirst occur-,
to insert "and.
This amendment put and negatived.
Clause agreed to without amendment.
( )n Clause Fifty-nine,
(ifn. S/nnt* moved: To omit the last sentence and sub-
stitute :
If a joint sitting of both Houses of Parliament is required
under the provisions of this Act, it shall be convened by the
'(iovernor-Creneral by urns-sage to both Houses. At any such
joint sitting the Speaker of the House of Assembly shall pre-
-ide and the rules of the House of Assembly shall as far as
pi act icable apply.
Agreed to.
'Clause, a^ amended, put and agreed to.
I M: ( 'lause Sixty-one,
Mr. Mfi-rl uni n moved: That the consideration of this Clause
-land nver.+
Agreed to.
On Clause Sixty-three,
Dr. Si/uirff moved: To omit the word " address " where it
occurs.
This amendment put and negatived,
('lause agreed to without amendment.
On Clause Sixty-four,
Subsequently further amende 1 —si e i>;i»e 2."
r See pn e -Jo1.'. G.ll H.
178 SOI/TII AFRICAN NATIONAL COXVKXTIOX, 1908 — '09.
Gen. S tn nt. < moved: Before the last word " Parliament " to-
insert " both Houses of."
Col. (rreene moved : That the further consideration of this
Clause stand over.*
Agreed to.
+Clause Sixty-eight having been agreed to,
Mr. Merriman moved : That the further consideration of
the draft Act be adjourned until to-morrow.
Agreed to.
S. On the motion of Mr. Merriman, the Convention ad-
journed at a quarter to four o'clock p.m. until to-morrow at
two o'clock p.m.
CAPE TOWN, Tuesday, 19Tii January, 1009.
Tiro o'cJock p.m.
1. All the members were present, except Sir William
Milton.
2. Minutes of previous meeting confirmed.
3. The President read and put in a letter, dated the 15th
instant, from the Secretary of the Stellenbosch Agricultural
Society and the Town Clerk of Stellenbosch, inviting the
members to attend the Agricultural Show at that place on the
28th instant.
General BotJia moved : That the invitation be accepted on
condition that the Convention be still in session on the date
in question, and that members could not remain in Stellen-
bosch after half-past twelve o'clock.
After discussion,
This motion was put and negatived.
4. Gen. >^n»it.< moved: That the Convention at its rising
on Friday next adjourn until Saturday.
Agreed to.
5. Gen. Hertzof/ moved: That a Committee be appointed to
supervise the Dutch draft of the South Africa Act ; the Com-
mittee to consist of one member from each Colony to be
nominated by the respective Prime Ministers.
Agreed to.
The member.- of the Committee were then nominated as fol-
lows : — Cune of (rood Hope, Mr. Malan; Xntfil, Mr. Moor;
Traiuraa/. den. Smuls, and 0 range It/rer Colony, Gen.
Hertzog.
fi. Consideration of draft South Africa Act, resumed.
Tfif /'rexident stated that when the draft Act was under
consideration ye>terday Clause Sixty-eight had been agreed
to.
On Clause Sixty-nine,
Tlir /'rexidenf moved : In sub-section (iii), before "if Par-
liament'' to omit "and" and substitute "or."
Agreed to.
MINUTES OF PROCEEDINGS. 179
Clause, us amended, put and agreed to.
On Clause Seventy-one,
Gen. S unit a moved: To omit "in the original Provinces"
and after "twenty-five" where it first occurs, to insert "in
number."
Agreed to.
*Clause, as amended, put and agreed to.
On Clause Seventy-three,
d't'ii. X in utx moved: After " fifty-four'' to omit " and," and
after " fifty-five" to insert " and fifty-six."
Agreed to.
+ Clau>e, as amended, put and agreed to.
On Clause Seventy-five,
(Hen. Snmtx moved: At the end to add "session."
Agreed to.
*Clause, as amended, put and agreed to.
( hi Clause Seventy-six,
(icn. Sniutx moved: Before "elect" to omit "may" and
substitute "shall."
Agreed to.
Clause, as amended, put and agreed to./
On Clause Seventy-eight,
Mr. J agger moved : To omit all the words down to
"speech" where it occurs a second time and substitute "The
privileges of Parliament in respect of freedom, of speech shall
extend to the Provincial Councils and such privilege."
After discussion,
With leave of the Convention,
This amendment was withdrawn.
>'//• Percy Fitzpatrick moved : To omit all the words down
to "Council and" and substitute "no member shall be liable
to any action or proceeding in any Court by reason of his
speech or vote in such Council."
This amendment put and negatived.
Clause agreed to without amendment.
On Clause Seventy-nine,
Gen. Si/ntix moved: After "with the Administrator" t<>
insert "who shall be Chairman."
Agreed to.
Clause, as amended, put and agreed to.
On Clause Eighty.
Mr. Mt/Jan moved: To omit "debates" and substitute "pro-
ceedings."
Agreed to.
Clause, as amended, put and agreed to.
• >n Clause Eighty-two,
Mr. Jdf/ger moved: That the following 'i^ >u'.^r
1 ifii thereof :
ly further amended — see pasrf>2'2." and '2'2>l.
Subsequently further amended— --^e pa^e -JH7 G-R.H.
180 SorTii AFRICAN NATIO.NML CONVENTION, 1908 — '09.
S^. The Govornor-Goneral-in-Council shall delegate to the
Administrator of eacli Province such powers, authorities and
fund ions as relate to matters in respect of which the Pro-
vincial Council of such Province is competent to make
ordinances; and such powers, authorities and functions shall
lie exercised by such Administrator in so far as they have
been delegated to him by the Governor-General-in-Council,
and no further.
After discussion,
With leave of the Convention,
This amendment was withdrawn.
*Clause agreed to without amendment.
On Clause Eighty-three,
Mi-. Hyxlop moved: After "votes of the" to insert
"elected" and to omit "also.''
After discussion,
This amendment was put, and the Convention divided :
"AYES"— 13. "XOES"— 17.
Beck, Dr. Botha, Gen.
De A'illiers, Sir J. H. Browne, Mr.
Greene, Col. Burger, Gen.
Hyslop, Mr. Do la Key, Gen.
J agger, Mr. De Wet, Gen.
Maasdorp, Mr. Farrar, Sir G. H.
Mai an, Mr. Fischer, Mr.
Moor, Mr. Fitzpatrick, Sir J . P.
Smartt, Dr. Hertzog, Gen.
Snrythe, Mr. . Hull, Mr.
Stanford, Col. Jameson, Dr.
Van Heerden, Mr. Lindsay, Mr.
AVatt, Mr. Merriman, Mr.
Saner, Mr.
Smuts, Gen.
Steyn, Mr.
Walton, Mr.
The amendment accordingly negatived.
^Clause agreed to without amendment.
Mr. M cn-i nuin moved : That the consideration of the draft
Act be adjourned until to-morrow, which was put and
negat ived.
Clausr Eighty-five having been agreed to,
()n tlic motion ot Mr. Malan, the consideration of the draft
Act was adjourned until to-morrow.
7. On the motion ot: Air. Malan, the Convention adjourned
' Suhsi'.|uent' y further amended -eo paires 180 and '2'26.
t Se«' pa-e 2is. (i.K.fl.
MINUTES OF PROCEEDINGS. INI
CAPE TOWN, U'cfJucxJay, 20x11 January, 1909.
Ten o'clock a.m.
1. All the members were present, except Sir William
Milton and Gen. de Wet.
2. Consideration of draft South Africa Act resumed.
The /'n-x/dcnf. stated that when the draft Act was under
consideration yesterday, Clause Eighty-five had been agreed
to.
On the motion of Mr. Watt,
The Convention reverted to Clause Eighty-two.
Mr. \\'dtt moved : After "province." to insert "with the
advice and consent of the Executive Committee."
After discussion,
The amendment was put and the Convention divided:
"AYES"— 7. De Villiers, Sir J. II.
Farrar, Sir G. II.
Greene, Col. Fischer, Mr.
Hyslop, Mr. Fit /pal rick, Sir J. P.
Jagger, Mr. Hertzog, Gen.
Moor, Mr. Hull, Mr.
Smythe, Mr. Jameson, Dr.
Stanford, Col. Lindsay, Mr.
Watt, Mr. Maasdorp, Mr.
Malan, Mr.
Merriman, Mr.
"NOES'' — 22. Saner, Mr.
Sniartt, Dr.
Beck, Dr. Smuts, Gen.
Botha, Gen. Stern, Mr.
Browne, Mr. Van Heerden, Mr.
Burger, Gen. Walton, Mr.
De la Hey, Gen.
The amendment accordingly negatived.
On Clause Eighty-six,
Mr. .\Iiilan moved: In sub-section (2) after "money" to
insert "for provincial purposes."
This amendment put and negatived.
(TCII. Smut* moved: Fn sub-section (12) t<
opinion of the Governor-General-in-Couneil arc
stitute "Parliament may by resolution declare t»
After discussion,
\\ nh leave of the Convention,
The amendment was withdrawn.
Clause agreed to without amendment.
( In (.'la use Might v-nme,
Mr. /,i»d*ni/ moved: Thai the clause read as follows; —
SO. Parliament may subject to such procedure as it shall
determine refer any private bill to the Provincial Council of
the Province to which the matter thereof relates instead
of referring it to a Select Committee of Parliament and such
l,Sj» S()l III Al-HlCAX NATIONAL CONVEXTIOX, 19U8 — '<)<).
Council shall t hereupon take evidence in respect of such bill
and report thereon to Parliament.
Alter discussion,
With leave of the Convention,
This amendment was withdrawn.
*Clause agreed to without amendment.
In putting Clause Ninety flic /'resident called attention to
the resolution adopted on the loth instant [page .168], that
resolution No. 19 of the Finance Committee's report should
be now considered.
(jfii. Smuts moved: That the clause read in terms of the
Resolution of the Finance Committee, viz.: —
!)(). A Provincial Revenue Fund shall be formed in every
Province into which shall be paid all revenues raised by or
accruing to the Provincial Council and all moneys paid over
bv the (iovernor-General-in-Council to the Provincial Coun-
cil. Such fund shall be appropriated by the Provincial
Council by ordinance for the purposes of the provincial ad-
ministration generally, or, in the case of moneys paid over by
the Governor-General-in-Coimcil for particular purposes then
for such purposes, but no such ordinance shall be passed by
the Provincial Council unless the Administrator shall have
first recommended to the Council to make provision for the
specific service for which the appropriation is to be made.
No money shall be issued from the Provincial Revenue Fund
except in accordance with such appropriation and under war-
rant signed by the Administrator.
Mr. J agger moved: To add at the end "and countersigned
by the Auditor of the Province."
Discussion ensued.
business suspended at eleven o'clock a.m.
Quarter- pftst cleirn o'clock u./n.
Husiness resumed.
•'!. Minutes of previous meeting confirmed.
4. Consideration of draft South Africa Act continued.
(jcn. Sjnuts moved : To omit the last words of the proposed
new clause "and under warrant signed by the Administrator."
Agreed to.
\\ith leave of the Convention.
The amendment proposed by Mr. -I agger was withdrawn.
Mr. \] niton moved : To insert at the beginning '"Subject
to the provisions of this Act."
Mr. Brou-ne moved : To add "provided that until the expira-
'}"» "t one month after the first meeting of the Provincial
( ouncil the Administrator may expend such monies as may
l>c necessary for the services of the Province."
Ay reed to.
^ it h leave of the Convention.
1 lie amendment proposed by Mr. Walton was withdrawn.
* Subsequently amended — see pajre 22G. G.'R.H.
MINUTES OF PROCEEDINGS. 1H3
The amendment proposed by Gen. Smuts, as amended, put
and agreed to, and the original Clause was negatived.
*The Clause as agreed to reads as follows: —
90. A Provincial Revenue Fund shall be formed in every
Province into which shall be paid all revenues raised by or
accruing i<> the Provincial Council, and all monies paid over
by the Governor-General-in-Council to the Provincial Coun-
cil. Such fund shall be appropriated by the Provincial
Council by ordinance for the purposes of the provincial ad-
ministration generally, or, in the case of monies paid over
by the Governor-General-in-Council for particular purposes,
then for such purposes, but no such ordinance shall be passed
by the Provincial Council \inless the Administrator shall
have first recommended to the Council to make provision for
the specific service for which the appropriation is to be made,
No money shall be issued from the Provincial Revenue Fund
except in accordance with such appropriation; provided that
until the expiration of one month after the first meeting of
the Provincial Council the Administrator may expend such
monies as may be necessary for the services of the Province.
Mr. Watt moved: After the heading "Miscellaneous" 10
insert "provisions relating to the Provinces."
Agreed to.
On Clause Ninety-four,
Dr. Beck moved : To omit ''varied or withdrawn'' and
substitute "amended or repealed."
After discussion,
With leave of the Convention,
This amendment was withdrawn.
Mr. M(d«in moved: To omit all the words after "with-
drawn."
Tpon which the Convention divided.
"AYKS"— 6. Farrar, Sir G. H.
Fischer, Mr.
Greene, Col. Fitzpatriek, Sir -1 . P.
Hvslop, Mr. Hertzop-, Gen.
M'alan, Mr. Hull, Mr.
Moor, Mr. J agger, Mr.
Smythe, Mr. Jameson, Dr.
Watt, Mr. Lindsay, Mr.
Maasdorp, Mr.
Merriman, Mr.
"NOES"— 2-1. Saner. Mr.
Smartt, Dr.
Heck, Dr. Smuts, Gen.
Botha, Gen. Stanford, Col.
Krowne, Mr. Sieyn. Mr.
Burger, Gen. \ an Heerdcn, Mr.
De la Key, Gen. Walton, "NTr.
De Villiers, Sir T. H.
::< Subsequently amended -—see page 2iv>. G-.R.II-
1S4 Sot TII AKKICAN NATIONAL COXVKXTIOX, 1908 — '09.
The amendment accordingly negatived.
Clause agreed to without amendment.
On Clause Ninety-four (a),
(it'll. N//////X moved: That the consideration of this Clause
stand over*
Agreed to.
On Clause Ninety-eight,
(TC/I. Smut* moved : That the Clause read as follows, viz. :
98. (i) The several Supreme Courts of the Cape of Good
Hope, Natal and the Transvaal and the High Court of the
Orange liiver Colony shall, on the establishment of the
Union, become Provincial Divisions of the Supreme Court
of South Africa within their respective Provinces.
(ii) The Court of the Eastern Districts of the Cape of Good
Hope, the High Court of Griqualand, the Higli Court of
AVitwatersrand and the several Circuit Courts shall become
local divisions of the Supreme Court of South Africa within
the respective areas of their jurisdiction as existing at the
establishment of the Union.
(iii) The said provincial and local divisions referred to in
this Act as Superior Courts, shall, in addition to any original
jurisdiction exercised by the corresponding Courts of the
Colonies at the establishment of the Union, have jurisdiction
in all matters.
(a) in which the Government of the Union or a person
suing or being sued on behalf of such Government is a party,
(b) in which the validity of any Provincial Ordinance shall
come into question.
(iv) Unless and until Parliament shall otherwise provide
the said Superior Courts shall also have the same jurisdiction
in matters affecting the validity of elections of members of
the House of Assembly and the Provincial Councils as the
corresponding Courts of the Colonies had at the establishment
of the Tniou in regard to Parliamentary elections in such
Colonies respectively.
Mr. H nil moved, a> an amendment to the above : To add a
new sub-section (v) :
(v) The areas within which the several provincial and local
divisions of the Supreme Court of South Africa shall exercise
jurisdiction may be from time to time altered bv proclamation
hv the Governor-General-in-Couneil.
After discussion,
Thi- amendment was put and negatived.
The amendment proposed by Gen. Smuts, in siih>t it ut ion
nt the original clause, \vas then put and agreed to.
On Clause One Hundred and Five.
(ii'n. >//////.< moved: After "Courts" to omit "of the
respect i v»- provinces.
pa^rc 24'.. G.R.H.
Mii\rTES OF PROCEEDINGS. 185
*Clause, as amended, put and agreed to.
On Clause Ouo Hundred and Eight,
Gen. Smut* moved: To omit "in such divisions
respectively" and substitute "therein."
Agreed to.
tClause, as amended, put and agreed to.
Clause One Hundred and Nine put.
(Icn. Sntttfx moved: That the consideration of this Clause
stand over. |
Agreed to.
Clause One Hundred and Thirteen put.
Discussion ensued.
Business suspended at one o'clock p.m.
Tiro o'clock p.m.
Business resumed.
0. Consideration of draft South Africa Act continued.
Clause One Hundred and Thirteen agreed to.
On Clause One Hundred and Fifteen,
Mr. Xtcyn moved: In sub-section (i) after "provincial" to
insert "or local."
After discussion,
The amendment was put and negatived.
Gen. Shnitx moved: To omit "Supreme" after "any" and
substitute "Superior;" to omit "or the High Court of the
Orange Uiver Colony;" and to omit "respective provincial"
and substitute' "corresponding."
Agreed to.
Gen. Smut* moved: In sub-section (_ii) to omit "the
Supreme" after "in" and substitute "anv Superior"; to omit
"or in the High Court of the Orange Uiver Colony"; and to
omit "provincial division" and substitute "divisions."
Agreed to.
§ Clause, as amended, put and agreed to. vix.. ; —
115. (i) The laws regulating the admission of advocates
and attorneys to practise before any Superior Court of a
Colony shall nii/tat/* mutandis apply to the admission of ad-
vocates and attorneys to practise in the corresponding divi-
sions of the Supreme Court of South Africa.
(ii) All advocates and attorneys entitled at the establish-
ment of the Cnion to practise in any Superior Court of any
Colony shall be entitled to practise as such in the correspond-
ing divisions of the Supreme Court of South Africa.
(iii) All advocate* and attorneys entitled to practise before
any provincial division of the Supreme Court of South Africa
shall be entitled to practise before the Appellate Division of
such Supreme Court.
* ^u^sn | npntly further amended seepages '2'1(\-'2'21 .
j Snbsf <|tiently t'u.ther amended s^e paj<v L'1'7.
t Sec pa<re L'l.~>.
§ Subs <|uently further amended see pajres 2'J7 and 2^7. G.R.H.
lKt> Sorni AFRICAN NATIONAL CONVENTION, 1908 — '09.
On Clause One Hundred and Sixteen,
.)//•. \\'dtt moved: To add at the end, "and all judgment^
and orders of any Superior Court of the Colonies given or
made he fore the establishment of the Union shall have the
same force and effect as if they had been given or made by
(he corresponding division of the Supreme Court of South
Africa."
Agreed to.
Clause, as amended, put and agreed to.
0. Mr. Malan moved : That the furtlier consideration of the
Draft South Africa Act be suspended pending the considera-
tion of the Second Report of the Finance Committee.
Agreed to.
7. Mr. Batter, as Chairman, brought up the Second He-
port of the Committee appointed by resolution of the Con-
vention dated the 7th December, 1908 [page .114], to make
recommendations in regard to Finance and Trade, as
follows : —
Your Committee, having- reconsidered Resolutions Xos. 7,
16, 17 and 21 of their Revised First Report referred back to
them by the Convention [pages 107-108, 170 and 17o-174]
beg to recommend the following in lieu thereof: —
7. All stocks, cash, bankers' balances and securities for
money belonging to each Colony at the establishment of the
I'liion shall be the property of the Union. Provided that
the balances of any funds raised at the date of the Union
by law for any special purposes, in any of the Colonies, shall
be deemed to have been appropriated by Parliament for the,
special purposes for which they have been provided.
10. Every proposal for the construction of any port or
harbour works or of any line of railway before being submitted
to Parliament shall be considered by the Board who shall
report thereon and shall advise whether the proposed works
or line of railway should or should not be constructed. If
any such works or line shall be constructed contrary to the
advice of the Board, and if the Board are of opinion that
the revenue derived from the operation of such works or line
will be insufficient to meet the costs of working and main-
tenance and of interest on the capital invested therein they
shall frame an estimate of the annual loss which in their
opinion will result from such operation. Such estimate shall
be examined by the Controller and Auditor-General, and
when approved by him the amount thereof shall be paid over
annually from (he Consolidated Revenue Fund to the Rail-
way and Harbour Fund; provided that if in any year the
s incurred as calculated by the Board and certified
e Controller and Auditor-General is less than the
framed by the Board the amount paid over in re-
'hat year >hall be reduced accordingly so as not to
! he u<-t ua 1 loss incurred.
MINUTES or PROCEEDINGS. 187
In calculating the loss arising from the operation of any
such work or line the Board shall have regard to the value
of any contributions of traffic to other parts of the system
which may be due to the operation of such work or line.
17. If the Board shall be required by the Governor-
General-in-Council or under any Act of Parliament to pro-
vide any services or facilities either gratuitously or at a
rate of charge less than is ordinarily exacted in respect of Mich
services or facilities the Board shall at the end of each finan-
cial year present to Parliament an account approved by the
Controller and Auditor-General showing as nearly as can be
estimated the amount of the loss incurred by reason of ihe
provision of such services and facilities and such amount
shall be paid out of the Consolidated Revenue Fund to the
Railway and Harbour Fund.
"21. In the case of any town which at the establishment of
the I'nion is the capital of any of the Colonies, and which
is not selected as the Capital of the Union, there shall be
paid from the Consolidated Revenue Fund to the Munieipal
Council of such town for a period of twenty-five years a
grant of two per cent, per annum on the amount of the muni-
cipal debt of such town as at 81st March, 1909. One-half of
such grant shall be applied to the redemption of the municipal
debt of such town.
For the purpose of this Clause Cape Town shall be deemed
to include the Municipalities of Cape Town, Green Point and
Sea Point, Woodstock, Mowbray, Rondebosch, Claremont and
Wynberg, and any sum paid under this section in respect of
Cape Town .shall be paid to the Councils of those Municipali-
ties.
Provided that the debts of the several municipalities shall
not exceed the following amounts: —
Cape Town and Suburbs £4,450,000
Maritzburg £1,219,000
I'^toria £1,000,000
Hloemfontein £ 868.000
.I//-. $<nirr moved : That the Report be now considered.
Agreed to.
On Resolution No. 7 [page 186],
.l/r. Huff moved: To omit the proviso and substitute "Pro-
vided that where in any of the Colonies any moneys have been
raised by a loan authorised by law but have not 'been wholly
expended any balance remaining unexpended at the e>!ablish-
ment of the L'nion >hall be deemed to have been appropriated
by Parliament for the special purposes tor which -u.-h loan
was authorised.''
188 Sot m AKIUCAX NATIONAL CONVENTION, 1908 — '09.
I'pon which the Convent ion divided :
"AYES"— 112. "NOES"— 16.
Botha, (ieu. Beck, Dr.
Burger, (Jen. Browne, Mr.
I)e In Hey, (Jen. Fischer, Mr.
De Villiers, Sir J. H. Hertzog, Gen.
Farrar, Sir (J. H. Jagger, Mr.
Greene, Col. Jameson, Dr.
Hull, Mr. Maasdorp, Mr.
Hyslop, Mr. Malan, Mr.
Lindsay, Mr. Merrimaii, Mr.
Moor, Mr. Sauer, Mr.
Smuts, Gen. Smartt, Dr.
Watt, Mr. Sinythe, Mr.
Stanford, Col.
Steyn, Mr.
Van Heerden, Mr.
Walton, Mr.
The amendment accordingly negatived.
Resolution agreed to without amendment.
Resolution No. Hi [pages 180-187] put and agreed to.
On Resolution No. 17 [page 187],
Mr. Mtild'n moved : To omit "approved" and substitute
"audited."
After discussion,
With leave of the Convention,
The amendment was withdrawn.
Dr. Sinartt moved : To omit " is ordinarily exacted in re-
spect of such services or facilities," and to substitute " cost."
Col. Stanford moved: To omit the words from "and
such amount " to the end.
Mr. M<il(in moved : To omit the words after " amount of ''
down to "and such," and substitute "expenditure incurred
in respect of such services or facilities in excess of the rail-
way revenue, if any."
Mi-. II nil moved : To omit " less than is ordinarily exacted
in respect," and substitute " which is insufficient to meet the
costv involved in the provision."
After discussion,
The amendment proposed by Mr. Hull was put and agreed
to.
\\ ith leave of the Convention,
The amendments proposed bv Mr. Malan and Dr. Smartt
\\rn> withdrawn, and the amendment proposed by Col. Stan-
turd put ;i ml Mc^a t i veil.
MINUTES OF PROCEEDINGS.
189
Resolution, as amended, put, and the Convention divided
"AYES," 19.
Botha, Gen.
Browne, Mr.
Burger, Gen.
De la Key, Gen.
De Villiers, Sir J. H.
Farrar, Sir G. H.
Fit/patrick, Sir .1. P.
Greene, Col.
HulJ, Mr.
Hyslop, Mr.
Jagger Mr.
Jameson, Dr.
Lindsay, Mr.
Maasdorp, Mr.
Sauer, Mr.
Smuts, (i!en.
Sinythe, Mr.
Van Heerden, Mr.
Watt, Mr.
" XOES," 10.
Heck, Dr.
Fischer, Mr.
Hert/og, Gen.
Malan, Mr.
Merrimun, Mr.
Moor, Mr.
Smartt, Dr.
Stanford, Col.
Steyn, Mr.
Walton, Mr.
The resolution accordingly agreed to as follows: —
17. If the Board shall be required by the Governor-General-
in-Council or under any Act of Parliament to provide any
.services or facilities either gratuitously or at a rate of charge
which is insufficient to meet the costs involved in the provi-
sion of such services or facilities the Board shall at the end
of each financial year present to Parliament an account ap-
proved by the Controller and Auditor-General, showing as
nearly as can be ascertained the amount of the loss incurred
by reason of the provision of such services and facilities, and
such amount shall be paid out of the Consolidated Revenue
Fund to the Railway and Harbour Fund.
On Resolution No. 2.1 [page 1ST],
Mr. Hull moved: That the resolution read as follows: —
21. The Convention recognises the principle of compensat-
ing on a liberal scale the present capitals of the Colonies for
any loss which may be caused in the form of diminution of
prosperity or decreased rateable value bv reason of the de-
cision of the Convention as to the situation of the (7nion
Capital.
In view of the impossibility of determining at the present
time the amount of such loss and the extent to which the
towns in question may be benefitted by administrative and
other changes consequent on the establishment of I 'nion. the
('(invention recommends to Parliament that the Commission
which is to inquire into the financial relations between the
l/nion and the Provinces should be instructed to inquire into
this matter and to report what compensation, it anv, should
be paid by the I nion Government to the towns in question.
Discussion ensued.
S/r (icui-i/c I'arnir moved: That the debate be adjourned
until to-morrow.
190 SOUTH AFRICAN NATIONAL CONVENTION, 1908 — '09.
Upon which the Convention divided :
"AYES," 15. "NOES," 14.
Browne, Mr. Beck, Dr.
Burger, Gen. Botha, Gen.
De Villiers, Sir J. H. De la Rey, Gen.
Farrar, S^ G. H. Fitzpatrick, Sir J. P.
Fischer, Mr. Greene, Col.
Hertzog, Gen. Hyslop, Mr.
Hull, Mr. J agger, Mr.
Lindsay, Mr. Jameson, Dr.
Maasdorp, Mr. Malan, Mr.
Merriman, Mr. Sauer, Mr.
Moor, Mr. Smartt, Dr.
Smuts, Gen. Smythe, Mr.
Steyn, Mr. Stanford, Col.
Van Heerden, Mr. Watt, Mr.
Walton, Mr.
Motion accordingly agreed to.
8. Gen. Smuts moved: That the Finance Resolutions-
already passed and those clauses of the Draft South Africa-
Act which have been ordered to stand over except those re-
lating to the Senate be referred to the drafting Commit! ee.
Agreed to.
9. On the motion of Sir George Farrar, the Convention ad-
journed at five minutes past four o'clock p.m.
CAPE TOWN, Thursday, 21sT January, 1909.
'Ten o 'clock a . in .
1. All the members were present, except Sir William
Milton, Gen. De Wet and Gen. De la Rey.
2. Col. Greene moved : That the report of the Committee
on the Union Capital be considered to-morrow..
Agreed to.
•3. Consideration of Second Report of Finance Committee-
[page 186-187] resumed.
The President stated that when this report was under con-
sideration yesterday Resolution No. 21 [page 187] had been
put, upon which an amendment had been moved by Mr. Hull
that the resolution read as follows : —
2.1. The Convention recognises the principle of compensat-
ing on a liberal scale the present capitals of the Colonies for
any loss which may be caused in the form of diminution of
prosperity or decreased rateable value by reason of the deci-
sion of the Convention as to the situation of the Union Capital.
In view of the impossibility of determining at the present
time the amount of such loss and the extent to which the
towns in question may be beiiefitted by administrative and
other changes consequent on the establishment of Union, the
Convention recommends to Parliament that the Commission
which is to inquire into the financial relations between the-
MINUTES OF PROCEEDINGS. 191
Union and the Provinces should be instructed to inquire into
this mutter and to report what compensation, if any, should
be paid by the Union Government to the towns in question.
Gen. Xm-iits moved: That the further consideration of this
report be adjourned until to-morrow us the first order of the day.
Agreed to.
4. Consideration of draft South Africa Act resumed.
7" he l^rexideiit stated that when the draft Act was under
consideration yesterday Clause One Hundred and Sixteen had
been agreed to.
d'en. Sntnl* moved: That the consideration of Clause One
Hundred and Seventeen stand over.*
Agreed to.
On Clause One Hundred and Twenty,
.\fr. Malaii moved: To omit "of European descent."
After discussion,
With leave of the Convention,
This amendment was withdrawn.
Clause agreed to without amendment.
On Clause One hundred and Twenty-one,
Mr. \VdUon moved : To omit "Attorney-General" and sub-
stitute "Crown Prosecutor."
Mr. Fischer moved: To omit "and styled the Attorney-
General of the Province."
After discussion,
With leave of the Convention,
These amendments were withdrawn.
Mr. Wait moved: To add at the end "who shall also dis-
charge such other duties as may be assigned to him by the
•Governor-General-in-Couucil . "
Agreed to.
Clause, as amended, put and agreed to.
One Clause One Hundred and Twenty-two,
(ren. Smuts moved : To omit "several."
Discussion endued.
Business suspended at eleven o'clock a.m.
Quarter-past elcren o'clock a.m.
Business resumed.
o. Minutes of previous meeting confirmed.
(5. Consideration of draft South Africa Act continued.
(ri'ti. S/nutx moved: To oniit '' officers of the I'nion " and
substitute " subject to the control and authority of the Gover-
nor-General-in-Council.
After discussion,
With leave of the Convention,
The last amendment was withdrawn.
Gen. Smtitx then moved: To insert at the commencement
Subject to the provisions of the next succeeding section."
Mr. Fisclier moved: To omit all the words alter "shall
•and substitute " pending the report of the Commission in the
Subseqn -ntly m-.r<Uivrcl -,v pa,'r L' is. C.lt. il .
192 Sorm AFIUCAN NATIONAL CONVENTION, 1908 — '09.
next succeeding section referred to retain their positions in
the Province which they occupied in the corresponding
Colony with the rights and subject to the regulations then
existing in such Colony, and so many of such officers as the
Governor-General-in-Couneil may deem necessary shall mean-
while as and when required be assigned for service in the
(Dion. ''
This amendment having been put and negatived,
The two amendments proposed by Gen. Smuts were put and
agreed to.
Clause, as amended, put and agreed to, viz.: —
122. Subject to the provisions of the next succeeding sec-
tion, all officers of the public service of the Colonies shall at
the establishment of the Union become officers of the Union,
On Clause One Hundred and Twenty-three,
Mr. Miilan moved: In sub-section (ii) to omit "and such
officers on being so transferred shall become officers of the
Province."
Agreed to.
Col. Greene moved : In sub-section (i) to omit " transfer "
and substitute "assignment"; in sub-section (ii) to omit
"transfer" and substitute "assign"; to omit "assigned"
and substitute " reserved or delegated," and to omit " trans-
fer " and substitute " assignment."
Agreed to.
*Clause, as amended, put and agreed to, viz. : —
123. (i) As soon as possible after the passing of ihis Act
the Governor-General-in-Couneil shall appoint a Public Ser-
vice Commission to make recommendations for such reorgani-
sation and readjustment of the departments of the public ser-
vice as may be necessary. The Commission shall also make
recommendations in regard to the assignment of officers to the
several provinces.
(ii) The Governor-General shall, after such Commission has
reported, assign from time to time to each province such offi-
cers as may be necessary for the proper discharge of the ser-
vices reserved or delegated to it. Pending the assignment of
such officers the Governor-General-in-Council may place at
the disposal of the provinces the services of such officers of
the Union as may be necessary.
(iiij The provisions of this section shall not apply to any
service or department under the control of the Eailway and
I [arbour Board, or to any person holding office under the Board.
Business suspended at one o'clock p.m.
Two o'clock p.m.
Business resumed.
7. Consideration of Draft South Africa Act continued.
On the motion of Col. Greene,
1 he Convention reverted to Clause Eighty-four.
( nl . (i ITCIIC moved : To omit '' transferred " and substitute
if-Mjrncd.'' '
Subsequently further amended— see pa^es 227 and 233. — G.TC.H.
MINUTES OF PROCEEDINGS.
Agreed to.
On Clause Cue Hundred and Twenty-five,
Mr. Merrim<in moved: After "Union or" to insert "as-
signed to that."
Agreed to.
Clause, as amended, put and agreed to.
On Clause One Hundred and Twenty-six,
Mr. MerriiiKin moved: After " Union or" to insert "as-
signed Id that."
Agreed to.
Clause, as amended, put and agreed to.
On Clause One Hundred and Twenty-seven,
Co/, Greene moved: To omit "no" before "officer"; to-
make " officer " in the plural: after " shall " to insert " not,"
and to omit " his " and substitute " their."
Agreed to.
"Clause, as amended, put and agreed to.
On Clause One Hundred and Twenty-eight,
Gen. Snuitx moved : After " union or " to insert " assigned
to that."
Agreed to.
*Clause, as amended, put and agreed to.
On Clause One hundred and Twenty-nine,
Col. Greene moved: To omit "likewise."
Agreed to.
Clause, as amended, put and agreed to.
Gen. Xniutx moved : To omit the heading " Treaty Rights."
Agreed to.
On Clause One Hundred and Thirty-three,
Mr. Merriii/an moved: To omit "the territories adminis-
tered by the British South Africa Company," and substitute
"in the last preceding section mentioned"; and to omit
" of " and substitute " belonging to."
Agreed to.
Clause, as amended, put and agreed to.
On Clause One Hundred and Thirty-four,
Mr. Hy K Jo ft moved: After " law " to insert " passed by ail
absolute majority of members of each House of Parliament."
Mr. /''/xr/tcr moved: That this clause'1' be referred to the
Drafting Committee.
Agreed to.
On the Schedule.
On sub-section (]'2], Mr. Jtnjner moved: To add "less five
per cent, to cover the cost of collection."
Dr. Sintirff moved: That this sub-section read as follows:
l"J. Then1 shall be paid into the Treasurv of the I Hion all
duties of customs levied on dutiable articles imported int >
and consumed in the Territories, and there shall be paid out.
of the Treasury annually towards the cost of administration
* Subsequently further amended — seepage L>27.
f This clau-e was uot reported npcvi by the Committee. but was subsequently
put to the Convention and agreed to— see pa,u'e 2111. It was afterwards further
considered —see pa^e 220.— G.R.H.
II
194 SOUTH AFRICAN NATIONAL CONVENTION, 1908 — '09.
of each territory a sum in respect of such duties which shall
t.e computed as follows :
(i) For the five completed financial years next succeeding
the taking effect of this Act a sum equal to the average of the
customs revenue of such territory for the three completed
financial years last preceding the taking effect of this Act.
(ii) At the end of the first period of five completed financial
years after the taking effect of this Act, and at the end of each
succeeding period of five completed financial years, an esti-
mate shall be made by the Customs Department of the Union
of the average of the quantity of dutiable goods consumed in
such territory and of the total sums paid into the Treasury of
the Union in respect of dutiable goods so consumed for the
last completed period of five years; and the amount so esti-
mated by the Customs Department of the Union as being the
average sum paid into the Treasury of the Union in respect of
dutiable goods consumed in such territory during the last
completed period of five years shall be the sum payable an-
nually to such territory during the next succeeding period of
five years.
After discussion,
This amendment was put and negatived.
The amendment proposed by Mr. Jagger put, and the Con-
tyentioii divided: —
"AYES," 7. Fischer, Mr.
Farrar, Sir G. H.
Beck, Dr. Fitzpatriok, Sir J. P.
Hyslop, Mr. Greene, Col.
Jagger, Mr. Hertzog, Gen.
Malan, Mr. Hull, Mr.
Moor, Mr. Jameson, Dr.
Smytlie, Mr. Lindsay, Mr.
Watt, Mr. Maasdorp, Mr.
Merriman, Mr.
Sauer, Mr.
'NOES," 21. Smartt, Dr.
Smuts, Gen.
Botha, Gen. Stanford, Col.
Browne, Mr. Steyn, Mr.
Burger, Gen. Van Heerden, Mr.
De Villiers, Sir T. H. Walton, Mr.
The amendment accordingly negatived.
'Sub-section agreed to without amendment.
On Sub-section (14),
Mr. .\fiilnn moved : That the consideration of this sub-sec-
iion stand over.
This motion was put and negatived.
t/it/rll moved : That the sub-section read as follows: —
Subsequently amended — see pape 122S. G.R.II.
MINUTES OF PROCEEDINGS. 195
(14.) Basutoland shall be preserved to the Basutos, the tribal
reserves in the Bechuanaland Protectorate shall be preserved
to the Bechuana tribes, and the land allotted to the natives
in the partition of Swaziland between them and the conces-
sionaires shall be preserved to the Swazis.
After discussion,
With leave of the Convention,
This amendment was withdrawn.
Sub-section agreed to without amendment.
On Sub-section (22),
Gen. Hcrtzoq moved : To transpose the words " as existing-
on the 10th December, 1908," to follow after the word
"rights."
Agreed to.
Sub-section, as amended, put and agreed to.
(S. On the motion of Mr. Merriman, the Convention ad-
journed at five minutes to four o'clock p.m. until to-morrow
at halt-past eleven o'clock a.m.
CAPE TOWX, Friday, 22xD January, 1909.
Half-past eleven o'clock a.m.
1. All the members were present, except Sir William,
Milton.
2. Minutes of previous meeting confirmed.
3. Mr. Hull moved : That it be an instruction to the Prime
Ministers to have the draft South Africa Act revised by their
respective draughtsmen, jointly.
After discussion,
The motion was put and agreed to.
4. Consideration of Second Report of Finance Committee
[pages 186-187] resumed.
The President stated that when this report was under con-
sideration yesterday Resolution Xo. 2.1 [page 187] had been,
put, upon which an amendment had been moved by Mr.
Hull, that the resolution read as follows:
21. The Convention recognises the principle of compensat-
ing on a liberal scale the present capitals of the Colonies for
any loss which may be caused in the form of diminution of
prosperity or decreased rateable value by reason of the deci-
sion of the Convention as to the situation of the Union
capital.
In view of the impossibility of determining at the present
time the amount of such loss and the extent to which the
towns in question mav be benefitted by administrative and
other changes consequent on the establishment of Union, the
Convention recommends to Parliament that the Commission
which is to inquire into the financial relations between the
Union and the Provinces should be instructed to inquire into
this matt IT, and to report what compensation, if any, should
be paid by the Union Government to the towns in question.
H -2
1(J6 SOUTH AFRICAN NATIONAL CONVENTION, 1908 — 'Oy.
The President put the amendment, and the Convention
divided :
"AYES," 10. De Wet, Gen.
Fischer, Mr.
Botha, Gen. Greene, Col.
De la Bey, Gen. Hertzog, Gen.
De Villiers, Sir J. H. Hyslop, Mr.
Farrar, Sir G. H. Jagger, Mr.
Fitzpatrick, Sir J. P. Maasdorp, Mr.
Hull, Mr. Malan, Mr.
Jameson, Dr. Merriman, Mr.
Lindsay, Mr. Moor, Mr.
Smartt, Dr. Saner, Mr.
Walton, Mr. Smuts, Gen.
" Yopc *> on Smythe, Mr.
' ^' ~Ul Stanford, Col.
Beck, Dr. Steyn, Mr.
Browne, Mr. Van Heerden, Mr.
Burger, Gen. Watt, Mr.
The amendment accordingly negatived.
Dr. Heck moved: After "Municipalities" to insert "re-
spectively."
Sir Geortje Farrar moved : That the resolution read as
follows : —
2.1. In order to compensate for any loss sustained by any
town which at the establishment of the Union is the capital
of any of the Colonies in respect of decreased rateable value
by reason of the capital of the Union being placed elsewhere,
there shall bo paid from the Consolidated Revenue Fund to
the Municipal Council of such town for a period not exceed-
ing twenty-five years a grant of two per cent, per annum on
the amount of the municipal debt of such town. One-half of
such grant shall be applied to the redemption of the munici-
pal debt of such town.
For the purpose of this Clause Cape Town shall be deemed
to include the municipalities of Cape Town, Green Point and
Sea Point, Woodstock, Mowbray, Rondeboseh, Claremont and
\Vynberg, and any sum paid under this section in respect of
(Jape Town shall be paid to the Councils of those munici-
palit ies.
Provided that the debts of the several municipalities shall
.not exceed the following amounts: —
Cape Town and suburbs £4.450,000
Marit/hurg £1.219,000
Pretoria ... £1,000,000
Bloomfontein £808,000
Provided thai at any time after the expiration of ten years
ihe (iovernor-General-in-Council, with the approval of Parlia-
nic-ni. may after due inquiry withdraw or reduce the grant
"!'» ;ill <>r any nf the towns in question.
:"// moved, as an amendment to Sir George Far-
r;ir - amendment : To omit " in ropect of decreased rateable
va lii!\ '
MINUTES OF PROCEEDINGS. 197
Mr. JJndndy moved : That the resolution read as follows: —
21. In the event of any depreciation in the rateable value
-of land and the value of other municipal assets within the
municipality of any town which at the establishment of the
Union is the capital of any of the Colonies, and is not selected
as the capital of the Union reasonable compensation shall be
made for any such depreciation.
For the purpose of ascertaining the amount of such depre-
ciation the municipal assessment roll and valuation of other
municipal reproductive assets and undertakings of such capi-
tals for the year 1908 shall be taken as the basis of value; and
for every year, not exceeding twenty years, after the estab-
lishment of Union in which such value falls below that of the
year 1908 relief shall be given by Parliament subject to such
regulations as it may make in that behalf to an extent (not
exceeding two per cent, of their municipal debts) as shall be
sufficient to restore the municipal revenue of such capitals to
that for the year 1908.
Of the contribution so made, one per cent, shall be applied
towards sinking fund, and one per cent, towards interest on
the municipal debt.
\Vith leave of the Convention,
*S'//- (icin-i/c Fdi-rtir amended his amendment by omitting
"respect of" and substituting 'v the form of diminution of
prosperity or"; after "town" by inserting "as ascertained
by the Auditor-General of the T nion "; and by inserting "re-
spectively " after "municipalities."
After discussion,
"With leave of the Convention,
The amendment proposed by Gen. Hertzog was with-
drawn.
Tl/r 1.' re tide nt put the question : That the original resolu-
tion be omitted,
Upon which the Convention divided :
"AYES/' 18. Van Heerden, Mr.
Walton, Mr.
Botha, Gen.
Burger, Gen.
I)e la Key, Gen. " NOES," 12.
De AVet, 'Gen.
Earrar, Sir G. II. Beck. Dr.
Fit/patrick, Sir -I. P. Browne, Mr.
Ilertzog, Gen. De Yilliers, Sir J. II.
Hull, Mr. Fischer, Mr.
Jameson, Dr. Greene, Col.
Lindsay. Mr. Hyslop, Mr.
Maasdorp, Mr. -Tagger, Mr.
Malnn, Mr. Moor. Mr.
Merriman, Mr. Saner. Mr.
Smartt, Dr. Smythe. Mr.
Smuts, Gen. Stanford, Col.
Stevn, Mr. Watt, Mr.
198 Soi TII AFRICAN NATIONAL CONVENTION, 1908 — '09.
The resolution accordingly negatived, and the amendment
proposed by Sir George Farrar became the main question, and:
the amendment proposed by Dr. Beck dropped.
AVith leave of the Convention,
The amendment proposed by Mr. Lindsay was withdrawn.
Mr. Jir/nme moved : To omit " not exceed " and substitute
" be treated as not exceeding."
Agreed to.
.)//-. II i/xlo/j moved : To omit " respectively " and substitute
'' in pro])ortiou to their respective debts."
Agreed to.
The amendment proposed by Sir George Farrar, as
amended, was then put and agreed to, as follows: —
21. In order to compensate for any loss sustained by any
town which at the establishment of the Union is the capital
of any of the Colonies in the form of diminution of prosperity
or decreased rateable value by reason of the capital of the
Vnion being placed elsewhere, there shall be paid from the
Consolidated Eevenue Fund to the Municipal Council of such
town for a period not exceeding twenty-five years a grant of
t\vo per cent, per annum on the amount of the municipal debt
of such town. One-half of such grant shall be applied to the
redemption of the municipal debt of such town as ascertained
by the Auditor-General of the Union.
For the purpose of this Clause Cape Town shall be deemed
to include the municipalities of Cape Town, Green Point and
Sea Point, Woodstock, Mowbray, Ilondebosch, Claremont and
Wynberg, and any sum paid under this section in respect of
Cape Town shall be paid to the Councils of those munici-
palities in proportion to their respective debts.
Provided that the debts of the several municipalities shall
be treated as not exceeding the following amounts: —
Cape Town and Suburbs £4,450,000
Marit/lmrg £1,219,000
Pretoria ..". £1,000,000
Bloemfontein £808,000
Provided that at any time after the expiration of ten years
the Governor-General-in-Council with the approval of Parlia-
ment may, after due inquiry, withdraw or reduce the grant
to all or any of the towns in question.
Business suspended at one o'clock p.m.
Two o'clock p.m.
Business resumed.
• ). .Report of Committee 011 the Union Capital to be con-
sidered .
'I lie President stated that this report would be found on
puge-; 172 and 17o of the proceedings.
>/M//> moved : That the decision as to the future capital
of South Africa be left to the Union Parliament.
G(i. Hull, a ;i>l\ed the President whether the subject of a.
resolution can he rescinded if any member objects;'
MINUTES OF PROCEEDINGS. 199
The President ruled : On the 12th instant it was resolved
that in the consideration of the draft South Africa Act any
amendment of the resolutions already passed may be moved in
the ordinary way, and Clause 117 of the draft Act provides,
in blank, for the site of the Union capital. But on the 9th
December last a resolution was agreed to: " That it is desir-
able for the Convention to settle the Capital of the Union."
These words contain a clear expression of opinion as to the
course io be pursued in regard to the question now under con-
sideration, and I must therefore rule that if any member
objects to the motion proposed by Mr. Steyn, which is an
obvious contradiction of the resolution already adopted by the
Convention, it is my duty to rule that it is out of order, and
cannot be put.
The motion proposed by Mr. Steyn was accordingly with-
drawn.
Mr. Malan moved : That the consideration of this report,
as well as the decision upon the site of the Union and Pro-
vincial Capitals, stand over until the draft South Africa Act
has in other respects been completed.
After discussion,
Tliis motion was put and negatived.
Gen. Hert-~o(j moved: That the method of voting for the
Union Capital be that proposed in paragraph I. of the Com-
mittee's report.
Gen. Botha moved, as an amendment : To omit " paragraph
I." and substitute " paragraph II."
Discussion ensued.
On the motion of Dr. Jameson,
The debate was adjourned until to-morrow.
('). ()u the motion of Mr. Saner, the Convention adjourned
.at ten minutes to four o'clock r>.ni.
CAPE TOWX, S«t urdfti/, 23iiD January, WOO.
Ten o'clock a.m.
1. All the members were present, except Sir William
Milton.
2. Consideration of report of Committee on the Union Capi-
tal resumed.
1 he ['resident stated that this report would be found on
pages 172-17-') of the proceedings, and that when the report
was under consideration yesterday, the question before the
Convention was a motion by Gen. Hertxog : That the
method of voting for the l.'nioii Capital be that proposed in
paragraph I. of the Committee's report.
Upon which an amendment had been moved bv Gen
Botha :
To omit "paragraph I." and substitute "paragraph II."
Discussion ensued.
Business suspended at elm-en o'clock a.m.
200 SOUTH AFRICAN NATIONAL CONVENTION, 1908 — '09.
Quarter-past eleven, o'clock a.m.
Business resumed.
3. Minutes of previous meeting amended in two particulars
and confirmed.
4. d'r/i. Hert-o(j moved: That the Convention adjourn to-
day at half-past twelve o'clock p.m.
After discussion,
With leave of the Convention,
This motion was withdrawn.
5. Consideration of report of Committee on Union Capital,,
continued.
Discussion resumed.
Business suspended at one o'clock p.m.
Two o'clock p.m.
Business resumed.
6. The President, as Chairman, brought up the report of'
the Committee, appointed by resolution of the Convention
dated the 18th December, 1908 [page 143], to draft the South
Africa Act, on Clauses 31, 38, 39, 42 and 64 referred
to them [pages 174 and 190], as well as on the new
clauses on Finance, as follows: —
The Committee recommend that the subjoined clauses be
amended to read as follows: —
Clause 3.7.
31. The number of members to be elected in each Province
as provided in section 30 shall be increased from time to time
as may be necessary in accordance with the following pro-
A'isions : —
(i) The quota of the Union shall be obtained by dividing
the total number of European male adults in the Union not
being members of His Majesty's regular forces on full pay,
as ascertained at the census of 1904 by the total number of
members of the House of Assembly as constituted at the
establishment of the Union.
(ii) In 19.11 and every five years thereafter a census of the
European population of the Union shall be taken for the pur-
poses of this Act.
(iii) After every such census the number of Euro-
pean male adults in each province shall be com-
pared with the number of European male adults
a> ascertained at the census of 1904, and in the
case of any province where an increase is shown as compared
with the Census of 1904, equal to the quota of the Union or
any multiple thereof, the number of members allotted to such
province by virtue of the provisions of the last preceding sec-
linn shall he increased by an additional member or an addi-
tional number of members equal to such multiple, as the case
mav be.
Notwithstanding anything herein contained, no addi-
tional member shall be allotted to any province until the total
number o| European male adults in such province exceeds the
quota of ihf ("nion multiplied bv the number of members-
MINUTES OF PROCEEDINGS. 201
allotted to such province for the time being, and thereupon
additional members shall be allotted to such province in
respect only of such excess.
(v) As soon as the number of members of the House of
Assembly io be elected in the original provinces in accordance
with the preceding sub-sections reaches the total of 150, such
total shall not be further increased unless and until Parlia-
ment otherwise provides; and notwithstanding anything in
this and the last preceding sections, the distribution of mem-
bers among the provinces shall be such that the proportion
between the number of members to be elected at any time in
each province and the number of European male adults in
such province as ascertained at the last preceding census shall
as far as possible be identical throughout the Union.
(vi) " Adult males " in this Act shall be taken to mean
males of ~l years of age or upwards.
Clause •'}$.
US. The Governor-General-in-Council shall frame regula-
tions prescribing the method of voting and of transferring and
counting votes, and the duties of returning officers in con-
nection therewith in all cases in which elections taking place
after the establishment of ihe Union are by this Act directed
to be according to the principle of proportional representation
with the single transferable vote, and such regulations or any
amendments thereof, after being duly promulgated, shall have
full force and effect unless and until Parliament shall other-
wise provide.
Clause 39.
•'59. Between the date of the passing of this Act and the
date fixed tor the establishment of the Union the Cfovernor-
in-Council of each Colony shall nominate a Judge of any of
t he Supreme or High Courts of the several Colonies, and the
•Judges so nominated shall upon acceptance by them respec-
tively of such nomination form a Joint Commission, without
any further appointment, for the purpose of the first division
of the provinces into electoral divisions. The High Commis-
sioner of South Africa shall forthwith convene a meeting of
such Commission at such lime and place in one of the said
Colonies as he shall fix and determine. At such meeting the
Commissioners shall elect one of their number as Chairman
of such -Joint Commission. They shall thereupon proceed
with tlie discharge of their duties under this Act, and may
appoint persons in any province to assist them or to act as
assessors io ihe Commission or with individual members
thereof for the purpose1 of inquiring into mailers connected
with the duties of the Commission. All monies required for
the payment of the expenses of such Commission in any
Colony shall be provided by the Crovernor-in-Counci] of such
Colony. In case of the death, resignation or other disabiliiv
of any of the Commissioners the (rovei-nor-in-Council ^"h'o
nominate!! him shall forthwith nominate another -1 udye to
fill the vacancv.
202 Soi-Tii AFRICAN NATIONAL CONVENTION, 1908 — '09.
Clauxe -/~.
42. As soon as may be after every quinquennial census thc-
Governor-Goneral-in-Council shall appoint a Commission
consisting of three Judges of the Supreme Court of South
Africa to cany out any redivision which may have become
necessarv as between the different electoral divisions in each
province and, subject to the provisions of section 31, to pro-
vide for the allocation of the number of members to which
such province may have become entitled under the provisions
of this Act. In carrying out such redivision and allocation
the Commission shall have the same powers and proceed upon
the same principles as are by this Act provided in regard to
the original division.
Clause 64.
(54. If the House of Assembly passes any bill and the Sen-
ate rejects or fails to pass it or passes it with, amendments to
which the House of Assembly will not agree, and if the House
of Assembly in the next session again passes the bill with or
without any amendments which have been made or agreed to
by the Senate and the Senate rejects or fails to pass it, or
passes it with amendments to which the House of Assembly
will not agree, the Governor-General may during that session
convene a joint sitting of the members of the Senate and
House of Assembly.
The members present at any such joint sitting may deli-
berate and shall vote together upon the bill as last proposed
by the House of Assembly and upon amendments, if any,
which have been made therein by one House of Parliament
and not agreed to by the other, and any such amendments
which are affirmed by a majority of the total number of mem-
bers of the Senate and House of Assembly present at such
sitting shall be taken to have been carried, and if the Bill
witli the amendments, if any, is affirmed by a majority of the
members of the Senate and House of Assembly present at such
sitting it shall be taken to have been duly passed by both
Houses of Parliament. Provided that if the Senate shall re-
ject or fail to pass any bill dealing with the appropriation of
revenue or monies for the public service such joint sitting
may he convened during the same session in which the Senate
so rejects or fails to pass such bill.
The Committee further recommends the following clauses
relating to Finance to follow Clause 1.1G :
1. All icvenues from whatever source arising, over which
i he several Colonies have at the establishment of the Union
power of appropriation shall vest in the Governor-General-
in-('ounci!. There shall be formed a Eailway and Harbour
Fund, into which >hall be paid all revenues raised or received
by ihe Governor-General-in-Council from the administration
"• lh(V railways, ports and harbours, and such fund shall be
appropriated by Parliament to the purposes of the railways,
P,"1'1" ;l1"', harbours in the manner prescribed hv this Act.
There shall al>o be formed a Consolidated Revenue Fund, into
\LIXUTES OF PROCEEDINGS.
which shall bo paid all other revenues raised or received by
the Governor-General-in-Council, and such fund shall be ap-
propriated l>v Parliament for the purposes of the Union in the
manner prescribed by this Act and subject to the charges im-
posed thereby.
2. The (iovernor-General-in-Counoil shall, as soon as may
be after I lie establishment of the Union, appoint a Commis-
sion, consist ing of one representative from each province and
presided over by an officer from the Imperial Service, to in-
stitute an inquiry into the financial relations which should
exist between the Union and the provinces, rending the
completion of that inquiry and until Parliament otherwise
provides there shall be paid annually out of the Consolidated
Revenue Fund to the Administrator of each Province:
(a) An amount equal to the sum provided in the estimates
for education, other than higher education, in respect of the
financial vear 190S-1), as voted by the Parliaments of the re-
spective Colonies during1 the year 1908,
(b) Such further sums as the Governor-General-in-Council
may consider necessary for the due performance of the ser-
vices and duties assigned to the provinces respectively.
Until such inquiry shall be completed and Parliament shall
have made other provision, the Executive Committees in the
several Provinces shall annually submit estimates of their ex-
penditure for the approval of the Governor-General-in-Coun-
cil, and no expenditure shall be incurred by any Executive
Committee which is not provided for in such approved
estimates.
•'). The Consolidated Revenue Fund shall be permanently
charged with the costs, charges and expenses incident to the
collection, management and receipt thereof, and the same
shall form the first charge thereon.
4. The annual interest of the public debts of the Colonies
and any sinking funds constituted by law at the establish-
ment of the L'n ion shall form the second charge on the Con-
solidated Revenue Fund.
5. Subject to the several payments by this Act charged 011
the Consolidated Revenue Fund, the same shall be appro-
priated by Parliament for the public service.
G. ?So money shall be withdrawn from the Consolidated
Revenue Fund or the Railway and Harbour Fund except
under appropriation made by Jaw. Ihit until the expiration
of two months after the iirst meeting of Parliament, the
Govornor-General-iii-Couneil may draw therefrom and expend
such inonevs as mav be necessary for the public MTVICO and
for railwav and harbour administration respectively.
7. All >toc]<s, cash, bankers' balances and securities for
money belonging to each Colony at the establishment of the
Union >hall be the property of the I nion. Provided that the
balances of anv funds rai>ed at the date of the Union bv law
for anv special purposes, in any of the Colonie-, shall be
204 SOUTH AFRICAN NATIONAL CONVENTION, 1908 — '09.
deemed to have boon appropriated by Parliament for the-
special purposes for which they have been provided.
8. Crown lands, public works and all property throughout
the Union, movable or immovable, belonging to the several
Colonies at the establishment of the Union, and all rights of
whatever description shall vest in the Governor-General-in-
Counoil subject to any debt or liability specifically charged
thereon.
9. All rights in and to mines and minerals and all rights
in connection with the searching for, working for or disposing
of minerals or precious stones which at the date of the estab-
lishment of the Union are vested in the Government of any
of the Colonies shall, on the establishment of the Union, vest
in the Govern or-General-in-Council.
10. The Union shall assume all debts and liabilities of the
several Colonies existing at the establishment of the Union,
subject to the conditions imposed by any law under which
such debts or liabilities were raised or incurred, and may con-
vert, renew or consolidate such debts.
11. All ports, harbours and railways belonging to the several
Colonies at the establishment of the Union shall from the
date thereof vest in the Governor-General-in-Couneil. Xo
public railway, port, harbour or similar work shall be con-
structed without the sanction of Parliament.
12. Subject to the authority of the Goveriior-General-in-
Coimcil, the control and management of the railways, ports
and harbours of the Union shall be exercised through a Board
consisting of not more than three Commissioners, who shall
be appointed by the Governor-General-in-Council and a Min-
ister of State, who shall be Chairman. ICach Commissioner
shall hold office for a period of five years, but may be re-
appointed. He shall not be removed before the expiration of
his period of appointment except by the Governor-General-in-
Council for cause assigned, which shall be communicated by
message to both Houses of Parliament within one week after
the removal, if Parliament be then sitting, or, if Parliament
be not sitting, then within one week after the commencement
of the next ensuing session. The salaries of the Commis-
sioners shall be fixed and provided by Parliament, and shall
not be reduced during their respective terms of office.
I-'). The railways, ports and harbours of the Union shall
be administered on business principles, due regard beinff had
•
io agricultural and industrial development within the Union,
and the promotion, by means of cheap transport, of the settle-
ment of an agricultural and industrial population in the in-
hind port ions of t he 1 ' n ion .
So far as mav be, the total earnings shall be not more than
are ^uificient to meet the necessary outlays for working, main-
tenance, betterment, depreciation and the payment of interest
due on capital not being capital contributed out of railway or
harbour revenue and not being interest on any capital which
Parliament may provide in accordance with the provision^ of
MINUTES OF PROCEEDINGS.
section (Finance Clause 16). The -amount of interest
due on such capital invested shall be paid over from the Kail-
way and Harbour Fund into the Consolidated Revenue Fund.
The Governor-General-in-Council shall give effect to the
provisions of this section as soon and at such time as the
necessarv administrative and financial arrangements can be
made, but in any case shall give full efYect to them before the
expiration of four years from the establishment of the Union.
14. The Hoard may establish a fund to IK; used for main-
taining, as far as may be, uniformity of rates to meet fluctua-
tions in traffic.
lo. All balances standing to the credit of any fund estab-
lished in any of the Colonies for railway or harbour purposes-
at the establishment of the I'nion shall be under the sole con-
trol and management of the Railway and Harbour Board,
and shall be deemed to have been appropriated by Parliament
for the respective purposes for which they have been provided.
Hi. Kverv proposal for the construction of any port or har-
bour works or of anv line of railway, before being submitted
to Parliament, shall be considered by the Board, who shall
report thereon, and shall advise whether the proposed works
or line of railway should or should not be constructed. If
any such works or line shall be constructed contrary to the
advice of the Board, and if the Board are of opinion that the
revenue derived from the operation of such works or line will
be insufficient to meet the costs of working and maintenance
and of interest on the capital invested therein, they shall
frame an estimate of the annual loss which in their opinion
will result from such operation. Such estimate shall be
examined by the Controller and Auditor-General, and, when
approved by him, the amount thereof shall he paid over an-
nually from the Consolidated Revenue Fund to the Itailway
and Harbour Fund. Provided that if in any year the actual
loss incurred as calculated by the Board and certified to by
the Controller and Auditor-General is less than the estimate
framed by the Board, the amount paid over in respect of that
year shall be reduced accordingly so as not to exceed the
actual loss incurred.
Fn calculating the loss arising from the operation of anv
such work or line, the Board shall have regard to the value of
any contributions of traffic to other pari> of the system which
may lie due lo the operation of such work or line.
17. If the Board shall be required bv the Governor-Geiieral-
in-Council or under any Act of Parliament to provide any ser-
vices or facilities either gratuitously or at a rate of charge
which is insufficient to meet the costs involved in the provi-
sion of such Cervices or facilities, the Board shall at the end
of each financial year present to Parliament an account ap-
proved bv the Controller and Auditor-General, showing as
nearly as ca i be ascertained the amount of the loss incurred
bv reason of the provision of such service-- and facilities, and
SOUTH AFKK AN NATIONAL CONVENTION, 1908 — '09.
such amount shall bo paid out of the Consolidated Revenue
Fund ii» the Railway and Harbour Fund.
IS. The Governor-General-in-Council shall appoint a fit
person to bo Controller and Auditor-General, who shall not
be removed from office except for cause shown, which shall
1)0 communicated in writing to him and by message to both
Houses of Parliament within one week after the removal if
Parliament bo then sitting, or, if Parliament be not
sitting, then within one week after the commencement
of the next ensuing session. He shall be paid out of the
Consolidated Revenue Fund such salary as the Governor-Gen-
eral-in-Council may, subject to the approval of Parliament,
direct. Until Parliament shall otherwise provide, the Con-
troller and Auditor-General shall exercise such powers and
functions and undertake such duties as may be assigned to
him by the Governor-General-in-Council by regulations
framed in that behalf.
19. In order to compensate for any loss sustained by any
town which at the establishment of the Union is the capital
of any of the Colonies in the form of diminution of prosperity
or decreased rateable value by reason of the capital of the
Union being placed elsewhere, there shall be paid from the
'Consolidated Revenue Fund to the Municipal Council of such
town, for a period not exceeding twenty-five years, a grant of
two per cent, per annum on the amount of the municipal debt
of such town. One-half of such grant shall be applied to the
redemption of the municipal debt of such town as ascertained
"by the Auditor-General of the Union.
For the purpose of this clause Cape Town shall be deemed
to include the municipalities of Cape Town, Green Point and
Sea Point, Woodstock, Mowbray, Rondebosch, Claremont and
Wynberg, and any sum paid under this section in respect of
"Cape Town shall be paid to the Councils of those municipali-
ties in proportion to their respective debts.
Provided that the debts of the several municipalities shall
be treated as not exceeding the following amounts :
Cape Town and Suburbs £'4,450,000
Maritzburg £1,219,000
Pretoria £.1,000,000
Bloemfontein £868,000
Provided that at any time after the expiration of ten years
iho Governor-General-in-Council, with the approval of Parlia-
ment, may. after due inquiry, withdraw or reduce the grant
10 all or any of the towns in question.
Mr. 1 1 tclicr moved: That the report be considered when
the debate on the report of the Committee on the Union
' apital ha> boon concluded.
Agreed to.
Debate on Report of Committee on Union Capital con-
' inued .
A[INUTES OF PROCEEDINGS.
Discussion resumed.
On the motion of Gen. Smuts,
The debate was adjourned until Monday, after the report
of the Drafting Committee has been considered.
8. On the motion of Mr. Malan, the Convention adjourned
at ten minutes to four o'clock p.m.
CAPE TOWN, Monday 25'm January, 1909.
Ten o'clock a.m.
1. All the members were present, except Sir William?
Milton.
2. The President read and put in a letter, dated the 23rd
instant, from the Mayor of Potchefstroom, on the subject of
the low death-rate at that place.
3. lieport of Drafting Committee to be considered.
The President stated that this report would be found on
pages 200-206 of the Proceedings.
Clause Thirty-one [pages 200-201], as amended by the
Drafting Committee, put.
Mr. Watt moved : To add to sub-section (v) : '' provided
always that in any redistribution of members not less than
seventeen shall be allotted to any original province."
After discussion,
This amendment was put and the Convention divided :
"AYES"— 12. "NOES"— 18.
Botha, Gen. Beck, Dr.
Browne, Mr. Burger, Gen.
De la Key, Gen. De Villiers, Sir J. H~
Fischer, Mr. De Wet, Gen.
Fitzpatrick, Sir J. P. Farrar, Sir G. H.
Greene, Col. Hertzog, Gen.
Hull, Mr. Jaggcr, Mr.
Hyslop, Mr. Jameson, Dr.
Moor, Mr. Lindsay, Mr.
Smuts, Gen. Maasdorp, Mr.
Smythe, Mr. Malan, Mr.
Watt, Mr. Merriimm, Mr.
Sauer, Mr.
Smart t, Dr.
Stanford, Col.
Steyn, Mr.
van Ueerden, Mr.
Walton, Mr.
The amendment accordingly negatived.
Mr. Ilytloj) moved : To omit all the words after "otherwise
provides" in sub-section (v).
208 Sor-rii AFHICAN NATIONAL CONVENTION, 1908 — '09.
Mr. Mttlttii moved: To omit "and the last preceding"; to
make "sect ions" in the singular and to insert thereafter ''con-
tained."
Col. d'rcaic moved: To add to sub-section (v) : "provided
always that tor a period of ten years after the establishment
of the I'uion in any redistribution of members not less than
seventeen shall be allotted to any original province."
After discussion,
With leave of the Convention,
The amendment proposed by Mr. Hyslop was withdrawn.
Business suspended at eleven o'clock a.m.
Quarter-past eleven o'clock a.m.
Business resumed.
4. Minutes of previous meeting confirmed.
5. Consideration of Drafting Committee's report, con-
linued.
With leave of the Convention,
The amendment proposed by Colonel Greene was with-
drawn.
(TCU. Smuts moved, as an unopposed motion: That the Con-
vention revert to Clause Thirty.
Agreed to.
Gen. Smuts moved : To add at the end : "or until a period of
ten years has elapsed after the establishment of the Union,
whichever is the longer period."
Agreed to.
Consideration of Clause Thirty-one as amended by the
Drafting1 Committee, continued.
With leave of the Convention,
The amendment proposed by Mr. Malan was withdrawn.
Mr. Malan then moved: To omit "notwithstanding any-
thing in this and the last preceding sections" and substitute
''subject to the provisions of the last preceding section."
Agreed to.
Clause, as amended, agreed to, viz. : —
:>l. The number of members to be elected in each province,
as provided in section thirty, shall be increased from time to
time a- may be necessary in accordance with the following
provisions : —
(i) The quota of the Union shall be obtained by divid-
ing the total number of European male adults in the Union,
f Itis Majesty's regular forces on full pay,
census of 1904, by the total number of
1 of Assembly as constituted at the estab-
( i n .
tive years thereafter a census of
Union shall be taken for th >
number of European
be compared with the
MINUTES OF PROCEEDINGS.
number of European male adults as ascertained at the census
•of 1904, and in the case of any province where an increase
is shown as compared with the census of 1904, equal to the
•quota of the In ion or any multiple thereof, the number of
members allotted to such province by virtue of the provisions
of the last preceding section shall be increased by an addi-
tional member or an additional number of members equal to
such multiple as the case may be.
(iv) Notwithstanding anything herein contained, no ad-
ditional iiM'inber shall be allotted to any province until the
total number of European male adults in such province ex-
ceeds the quota of the Tnion multiplied by the number of
members allotted to such province for the time being, and
thereupon additional members shall be allotted to such pro-
vince in respect only of such excess.
(v) As soon as the number of members of the House
of Assembly to be elected in the original provinces in accord-
ance with the preceding sub-sections reaches the total of loO,
such total shall not be further increased unless and until
Parliament otherwise provides; and subject to the provisions
of the last preceding section, the distribution of members
among the provinces shall be such that the proportion between
the number of members to be elected at any time in each
province and the number of European male adults in such
province, as ascertained at the last preceding census, shall, as
far as possible, be identical throughout the Cnion.
(vi) " Adult males " in this Act shall be taken to mean
males of 21 years of age or upwards.
Clause Thirty-seven, standing over from the Draft Act
[page 10-')] put and agreed to.*
Clauses Thirty-eight,* Thirty-nine,! and Forty-two, £ as
amended by the Drafting Committee [pages 201-202] put
and agreed to.
Clause Sixtv-one, standing over from the Draft Act [page
177 j, put.
Mr. J(i<j(jcr moved : To add at the end : The Senate may
at anv stage return to the House of Assembly any bill which
the Senate may not amend, requesting, by message, the omis-
sion or amendment of any items or provisions Herein. And
the House of Assembly may if it thinks fit, rnhke any of such
omissions or amendments with or without modifications.
This amendment put and negatived.
Mr. \\tillnn moved: To omit the penultimate -entenre
•which was put and negatived.
Mr. llii.-l'>i> moved: To omit "under the bill."
Agre >d to.
Clause, as amended, put and agreed to.
Clause Sixty-four, as amended by the Drafting Committee,
[page 202 j put.
Mr. Mnliin moved: After "next" to insert "annual."
After discussion.
G.TUI.
210 SOUTH AFRICAN NATIONAL CONVENTION, 1908 — '09.
This amendment was put, and the Convention divided:.
"AYES"— 7. De Wet, Gen.
Farrar, Sir G. H.
De Yilliers, Sir J. II. Fischer, Mr.
Hyslop, Mr. Fitzpatrick, Sir J. P..
J agger, Mr. Greene, Col.
Malan, Mr. Hertzog, Gen.
Moor, Mr. Hull, Mr.
Smythe, Mr. Jameson, Dr.
Van Ileerden, Mr. Lindsay, Mr.
Maasdorp, Mr.
Merriman, Mr
"XOES"— 23. Saner, Mr.
Smartt, Dr.
Beck, Dr. Smuts, Gen.
Botha, Gen. Stanford, Col.
Browne, Mr. Steyn, Mr.
Burger, Gen. Walton, Mr.
De la Rey, Gen. Watt, Mr.
The amendment accordingly negatived.
Clause agreed to without amendment.
The President then put the new Finance Clauses proposed
by the Drafting Committee to follow after Clause One Hun-
dred and Sixteen [pages 202-206].
Clause One [pages 202-203] put and agreed to.
On Clause Two [page 203],
The President moved : To omit "each Province" and sub-
stitute "the Provinces respectively" before sub-section (a).
Agreed to.
*Clause, as amended, put and agreed to.
Clause Three [page 203] put and agreed to.
On Clause Four, [page 203],
Mr. J agger moved : To omit "Colonies" and substitute
"Union. ""
After discussion,
With leave of the Convention,
This amendment was withdrawn.
Clause agreed to without amendment.
Clauses Five, Six, Seven,"* Eight,* Xine,* Ten* and
Eleven" [pages 203-204] put and agreed to.
On Clause Twelve, [page 204],
Mr. Jogger moved: After "fixed" to omit "and provided."
After discussion,
Thi* amendment was put and agreed to.
Clause, as amended, put and agreed to.
On Clause Thirteen [pages 204-205].
/• (rcfir;/e 1' nrmr moved : To omit all the words after
''harbour revenue" to "section ," and substitute "and
not including any sums payable out of the Consolidated Re--
<nli-('il.iontly further am-'iuicil — see pnire '2'2*. — G.R.H.
OF PROCEEDINGS.
'venue Fund in accordance with the provisions of sections
.and (10 and IT, Finance)."
Gen. Smut* moved: To omit "on business principles" and
substitute "as a commercial undertaking."
Mr. Hysl<t/t moved : That the further consideration of this
Clause stand over which was put and negatived.
Col. Greene moved : After "any case shall" to insert "not";
to omit "on business principles" and substitute "as a com-
mercial undertaking but"; and after "regard" to insert
"shall be had."
Dr. Heck moved : To omit "on business principles due re-
gard being had" and substitute "with due regard to."
Business suspended at one o'clock p.m.
Tico o'clock p.m.
Business resumed.
"With leave of the Convention,
The amendments proposed by Gen. Smuts and Dr. Beck to
'Clause Thirteen were withdrawn.
Mr. Saner moved : That the further consideration of this
•Clause stand over.*
Agreed to.
On Clause Fourteen, [page 205],
Mr. Ja<j<jer moved : That the Clause read as follows :
14. Notwithstanding the provisions of the last preceding
section, the Board may, out of the surplus revenue accruing
in any year, after payment of the necessary outlays and in-
terest 011 capital, establish a fund to be used for meeting fluc-
tuations in traffic and maintaining continuity of rates.
Mr. Hull moved : After "fund" to insert "out of Railway
and Harbour revenue" and to omit "'to meet" and substitute
' 'notwithstanding. ' '
Amendments by Mr. Hull put and agreed to.
With leave of the Convention,
The amendment proposed by Mr. Jagger was withdrawn.
Clause, as amended, put and agreed to, viz.: —
14. The Board may establish a fund out of Railway and
Harbour Revenue to be used for maintaining, as far as may be
uniformity of rates, notwithstanding fluctuations in traffic.
Clause Fifteen [page 205] put and agreed to.
On Clause Sixteen [page 205],
7 lie President moved: To omit "'who" after "Board" and
substitute "which," and thereafter to omit "are," "they"
and "their*' and substitute respectively "is," "it" and "its."
Agreed to.
Clause, as amended, put and agreed to.
On Clause Seventeen [pages 2()5-20(i],
>'/'/• Geoi-fje Ftirrar moved: Before "Act"' to insert "'reso-
lution or."
Agreed to.
Clause, as amended, put and agreed to.
* See
212 SOITII AFRICAN NATIONAL CONVENTION, 1908 — '09.
"Clause Kighteen [page 206] put and agreed to.
On Clause Nineteen [page 206J,
])r. tied- moved: After "Provided" in the second proviso'
to insert "further."
Agreed to.
Sir (icoi-tjc Fnn-ar moved: To transpose the words "as as-
certained bv the Auditor-General of the Union" and insert
them after "such town" before "one-half."
Agreed to.
Clause, as amended, put and agreed to.
(i. On the motion of Col. Greene, the Convention resumed
the consideration of the Clauses standing over in the Draft
Act.
On Clause Twenty-one, standing over [page 161],
Sir Pei-cij Fitzpatrid moved : To omit the preamble to the
Clause and sub-section (a) and substitute:
(a) For ten years after the establishment of the Union, and
thereafter until Parliament otherwise provides, the Senate
shall consist of eight Senators, to be nominated by the1
Governor-General-in-Council and eight Senators to be elected
for each of the original provinces.
Upon which the Convention divided :
-AYES"— 14. "NOES"— 16.
Beck, Dr. Browne, Mr.
Botha, Gen. De Yilliers, Sir J. H.
Burger, Gen. De Wet, Gen.
De la Rev, Gen. Fischer, Mr.
Farrar, Sir G. H. Greene, Col.
Fitzpatrick, Sir J. P. Hertzog, Gen.
Hull, Mr. Jagger, Mr.
Hyslop, Mr. Jameson, Dr.
Lindsay, Mr. Merrimaii, Mr.
Maasdorp, Mr. Moor, Mr.
Malan, Mr. Sauer, Mr.
Smuts, Gen. Smartt, Dr.
Smythe, Mr. Stanford, Col.
Watt, Mr. Steyn, Mr.
Van Heerden, Mr.
Walton, Mr.
The amendment accordingly negatived.
Sir J'cri-ij ril:/Kitrid' moved: To omit the first paragraph
oi sub-section ( /> ) and substitute:
{In The Sena'. ors nominated by the Governor-General-in-
Council shall hold their seats for ten years. One-half of their
number -hall he persons who are thoroughly acquainted with
1 he conditions ,md requirements of the coloured races in South
A I'rica .
Alter disciif-sion,
•2M and 2.37.— G.R.H.
MINUTES OF PROCEEDINGS. 213 .
Tlie amendment was put, and the Convention divided :
"AYES"— 13. "NOES"— 17.
Berk, Dr. Browne, Mr.
Botha, Gen. Burger, Gen.
De la Key, Gen. Do Villiers, Sir J. H.
Farrar, Sir G. Jf. De Wet, Gen.
Fit/pat rick, Sir J. P. Fischer, Mr.
Hull, Mr. Greene, Col.
Hysloj), Mr. Hertxog, Gen.
•Tagger, Mr. Maasdorp, Mr.
Jameson, Dr. Malan, Mr.
Lindsay, Mr. Merriman, Mr.
Smart!, Dr. Moor, Mr.
Smuts, Gen. Saner, Mr.
Smythe, Mr. Stanford, Col.
Steyn, Mr.
Van Heerden, Mr.
Walton, Mr.
Watt, Mr.
The amendment accordingly negatived.
Mr. Hi/xl<>[) moved: To transpose "mainly" to follow
"selected."
This amendment put and negatived.
Dr. Heck moved: To omit "thoroughly."
This amendment put and negatived.
Sir Percy Fit.:/j(itrick moved : To omit the second paragraph
of sub-section (h) and substitute: If the seat of a senator so
nominated shall become vacant, the Governor-General shall
nominate another person to be a senator who shall hold his
seat for ten years.
Mr. Mai an moved : After "Governor-General" to insert
"ill-Council."
The amendment proposed by Mr. Malan put and agreed to.
The amendment proposed by Sir Percy Fitzpatrick, as
amended, put, and the Convention divided :
"AYES," 16. " NOES," 14.
Beck, Dr. Browne, Mr.
Botha, Gen. Burger, Gen.
De la Key, Gen. De Wet, Gen.
De Villiers, Sir J. II. Farrar, Sir G. II.
Fit /pat rick, Sir J. P. Fischer, Mr.
Greene, Col. Hertxog, Gen.
Hull, Mr. Jameson, Dr.
Hyslop, Mr. Maasdorp, Mr.
Jagger, Mr. Merriman, Mr.
Lindsay, Mr. Saner. Mr.
Malan. Mr. Smarti, Dr.
Moor, Mr. Sievn. "Mr.
Smuts, Gen. Van Ueerden, Mr.
Smythe. Mr. AVulton, Mr.
Stanford, Col.
Watt, Mr.
214 Sorrn AFKICAN NATIONAL CONVENTION, 1908 — '09.
The amendment accordingly agreed to, viz. :
If the seat of u senator so nominated shall become vacant
the Governor-General-in-Counoil shall nominate another per-
son to he a senator who shall hold his seat for ten years.
Sir I* en- if F it z [Hit rick moved : To omit sub-section (c) down
to "Such senators," and substitute:
(c} The first election of senators for each province shall
take place in the following manner. After the passing of this
Act, and before the day appointed for the establishment of
the Union the Governor of each Colony shall summon a spe-
cial sitting of both Houses of the Legislature, and the two
Houses sitting together as one body and presided over by the
Speaker of the House of Assembly shall, according to the
principle of proportional representation with the single trans-
ferable vote, under regulations in that behalf to be framed by
the Governor-in-Coimeil of such Colony, elect eight persons to
be senators for the Province.
Agreed to.
Sir Percy Fitzpatrick moved : That the following be a
new sub-section (d} : —
(d) At any subsequent election of senators that may become
necessary either on a dissolution of the Senate or from
efflux ion of time eight senators in each province shall be
directly chosen by the voters of each province voting as one
electorate and according to the principle of proportional re-
presentation with the single transferable vote.
Mr. Jayyer moved, as an amendment : That the new sub-
section read as follows : —
(<-/) The senators shall at the first meeting of the Senate fol-
lowing such election be respectively divided into two classes,
the places of the senators of the first class shall become vacant
at the end of five years and the places of the second class shall
become vacant at the end of ten years from the beginning of
their term of service, and afterwards the places of senators
shall become vacant at the expiration of ten years from the
beginning of their term of service.
At every election of senators after the first, the senators
for each province shall be elected by the Provincial Council of
such province according to the principle of proportional re-
presentation with the single transferable vote.
These amendments put and negatived.
Dr. 'licck moved : In sub-section (/•), after "'choose" to insert
"in like manner."
(i'c». S//ti/tx moved: After "ten years" to insert "'unless the
Senate shall be dissolved before the expiration of such
period. "
Discussion ensued.
()il the motion of Dr. Smartt, the further consideration of
the drafl Act was postponed until to-morrow.
'• ()" 'In1 motion of Mr. Sauer, the Convention adjourned
.11 twenty minute- ]>n-( four o'clock p.m.
MINUTES OF PROCEEDINGS.
CAPE TOWN, Tuesday, 26-m January, 1909.
Ten o'clock a.m.
1. All the members were present, except Sir \V illiam Milton.
2. Consideration of draft South Africa Act resumed.
The President staled that when the draft Act was before
the Convention yesterday, Clause Twenty-one, as amended,
was under consideration, and a new sub-section (d) having
been negatived, further amendments had been moved to sub-
section (r), as follows: —
By Dr. Beck: in sub-section (c) after "choose" to insert
"in like manner."
By Gen. Smuts: After "ten years" to insert "unless the
Senate shall be dissolved before the expiration of such period.''
Discussion resumed.
Business suspended at eleven o'clock a.m.
Quarter-past eleven o'clock a.m.
Business resumed.
3. Minutes of previous meeting confirmed.
4. Consideration of draft South Africa Act continued.
(Jn the motion of Gen. Smuts,
The Convention reverted to Clause Eighteen [page 1G1]}
standing over, which was put and agreed to.
The Convention then resumed the consideration of Clause
Twenty-one.
With leave of the Convention,
The amendment proposed by Gen. Smuts was withdrawn.
Gen. Sjintts then moved: To omit all the words after "ten
years" to the end, and substitute :
(d) If the seat of an elected senator shall become vacant,
the Senatois and Members of the House of Assembly elected
for the Province for which the Senator was chosen shall be
summoned by the Governor-General, and shall sitting and
voting together according to the principle of proportional re-
presentation with the single transferable vote choose a person
to hold the seat until the completion of the period for which
the person in whose stead he is elected would have held it.
Upon which the Convention divided :
"AYES"—. 10. Fischer, Mr.
Botha, Gen. Greene, Col.
Burger, Gen. Hertzog Gen.
De la Uev, Gen. Hyslop, Mr.
De Villiers, Sir J. H. 'Tagger, Mr.
Farrar, Sir G. II. Jameson, Dr.
Fitxpatrick, Sir ,J. P. Maasdorp, Mr.
Hull. Mr. Merriman, Mr.
Lindsay, Mr. M<)("'< Mrr-
Malan; Mr. gaiier, Mr.
Smuts. Gen. Smartt, Dr.
Smythe, Mr.
"\OFS'' °0 Stanford, Col.
Si eyn. Mi1.
Beck, Dr. Vaii Hoprden. Mr,
Browne. Mr. Walton. Mr.
DP Wei. Gen. Wait, Mr.
216 SOUTH AFRICAN NATIONAL CONVENTION, 1908 — '09.
The amendment accordingly negatived.
Sir (jcuri/c Fdi-nir moved: After "has been elected" to in-
sert "together with the senators and members of the House
of Assembly for the province for which the senator was
, chosen."
Upon which the Convention divided :
"AYES," 13. "XOES," IT.
Botha, Gen. Beck, Dr.
De la Key, Gen. Browne, Mr.
Farrar, S'ir G. H. Burger, Gen.
Fitzpatrick, Sir J. P. De Villiers, Sir J. H.
Greene, Col. De Wet, Gen.
Hull, Mr. Fischer, Mr.
Jagger, Mr. Hertzog, Gen.
Jameson, Dr. Hyslop, Mr.
Malan, Mr. Lindsay, Mr.
Moor, Mr. Maasdorp, Mr.
Srnartt, Dr. Merrinian, Mr.
Smuts, Gen. Saner, Mr.
Walton, Mr. Smythe, Mr.
Stanford, Col.
Steyn, Mr.
Van Heerden, Mr.
Watt, Mr.
The amendment accordingly negatived.
With leave of the Convention,
The amendment proposed by Dr. Beck was withdrawn.
*Clause, as amended, put and agreed to, viz.: —
21. For ten years after the establishment of the Union
and thereafter until Parliament otherwise provide-; the con-
stitution of the Senate shall in respect of the original provinces
be as follows :
(d) Eight senators shall be nominated by the Governor-
General-in-Council and for each original province eight sena-
tors shall be elected in the manner hereinafter provided.
(1>) The senators to be nominated by the Governor-General-
in-Council shall hold their seats for ten years. One-half of
their number shall be selected on the ground mainly of their
thorough acquaintance by reason of their official experience or
otherwise with the reasonable wants and wishes of the coloured
races in South Africa.
If the seat of a senator so nominated shall become vacant the
Governor-General-in-Council shall nominate another person to
lie a -enator who shall hold his seat for ten years.
(c) The first election of senators for each province shall
place in the following manner: After the passing of this
ml Ic-t'ore the day appointed for the establishment of the
(iovcrnor of ea<di Colony shall summon a special
>;ii Iloiis(>«. of the Legislature and the two Houses
MINUTES OF PEOCEEDINGS. 217
sitting together as one body and presided over by the Speaker
of the House of Assembly shall, according to the principle
of proportional representation with the single transferable
vote, under regulations in that behalf to be framed by the
Governor-in-Council of such Colony, elect eight persons to be
senators for the province. Such senators shall hold their
seats for ten years. If the seat of a senator so elected shall
become vacant the Provincial Council of the province for
which such senator lias been elected shall choose a person to
hold the seat until the completion of the period for which the
person in whose stead lie is elected would have held his seat.
On Clause Twenty-two [page 101] standing over,
(rcn. Snnilx moved: To omit "the Provincial Council of
such province," and substitute " the members of the Provin-
cial Council of such province together with the members of"
the House of Assembly elected for such province."
After discussion,
The amendment was put, and the Convention divided: —
'•AYES," 17. " XOKS," K!.
Beck, ])r. Browne, Air.
Botha, Gen. De Villiers, Sir J. H.
Burger, Gen. De Wet, Geu.
De la Jxev, Gen. Fischer, Mr.
Farrar, Sir G. H. Hert/og, Gen.
Fit/patrick, Sir J. P. Hyslop, Mr.
Greene, Col. Maasdorp, Mr.
Hull, Mr. Merriman, Mr.
Jagger, Mr. Saner, Mr.
Jameson, Dr. Smythe, Mr.
Lindsay, Air. Steyn, Mr.
Malan, Mr. Van Heerden, Mr.
Moor, Air. Watt. Mr.
Smartt, Dr.
Smuts, Gen.
Stanford, Col.
Walton, Mr.
The amendment accordingly agreed to.
Gen. Snu/f.< moved: That Clauses Twenty-one and Twenty-
two be referred back to the Drafting Committee.*
Agreed to.
On Clause Twenty-six [page 101], standing over,
7 lir President stated that when this Clause was ordered to
stand over, an amendment had been moved by Gen. Smuts to
omit "thereupon" after '"shall" and substitute '"as soon as
practicable. "
This amendment put and agreed to.
Mr. .}fti/tt/i moved: After "hand" to insert "or bv tele-
gram.
Agreed to.
See pa«re 2:?2.— G.R.TI.
218 SOUTH AFKICAN NATIONAL CONVENTION, 1908 — '09.
*Clausr, as amended, put and agreed to.
On the motion of Gen. Smuts,
The Convention reverted to Clause Twenty-three. t
Gen. Smuts moved: To omit "£1,000" and substitute
"£500."
After discussion,
The amendment was put and the Convention divided :
"AYES," 1C. "NOES," 14.
Botha, Gen. Beck, Dr.
Browne, Gen. Burger, Gen.
De la Bey, Gen. De Wet, Gen.
De "Villiers, Sir J. H. Greene, Col.
Farrar, Sir G. H. Hyslop, Mr.
Fischer, Mr. Jagger, Mr.
Fitzpatrick, Sir J. P. Jameson, Dr.
Hcrtzog, Gen. Maasdorp, Mr.
Hull, Mr. Merriman, Mr.
Lindsay, Mr. Moor, Mr.
Malan, Mr. Smartt, Dr.
Sauer, Mr. Smythe, Mr.
Smuts, Gen. Van Heerden, Mr.
Stanford, Col. Walton, Mr.
Steyn, Mr.
Watt, Mr.
The amendment accordingly agreed to.
Col . Greene moved : To omit sub-section (e].
After discussion,
With leave of the Convention,
This amendment was withdrawn.
On the motion of Mr. Van Heerden,
The Convention reverted to Clause Eighty-three.
Mr. Van Heerden moved : Before " members " to insert
""elected," and to omit "also" before "a casting vote."
Upon which the Convention divided :
"AYES," 11. Browne, Mr.
Burger, Gen.
Greene, Col. De la Bey, Gen.
Hyslop, Mr. De Villiers, Sir J. H.
Jagger, Mr. De Wet, Gen.
Maasdorp, Mr. Farrar, Sir G. H.
Malan, Mr. Fischer, Mr.
Moor, Mr. Fitzpatrick, Sir J. P.
Smartt, Dr. Hertzog, Gen.
Smythe, Mr. Hull, Mr.
Stanford, Col. Jameson, Dr.
Van ITeerden, Mr. Lindsay, Mr.
Watt, Mr. Merriman, Mr.
.. .. Sauer, Mr.
Smuts, Gen.
IU-ck, Dr. Steyn, Mr.
Botha, Gen. Walton, Mr.
Sij)>>i<iurnt]y further amended see pauje 2H3.
T SuliM'i|iirntly further iinu'iuli-d- see pajre 224. — G.R.TI.
MINUTES OF PROCEEDINGS.
The amendment accordingly negatived.
Clause One Hundred and thirty-four [page 193], standing
over, put and agreed to.
The Convention reverted to Clause Thirteen [pages 204-205]
of the proposed Finance Clauses of the draft South Africa Act.
The President stated that when this clause was ordered to
stand over on Ilie 20th instant the following amendments had
heen moved, viz. :
By Sir George Farrar : To omit all the words after " har-
bour revenue " to "section ," and substitute "and not
including any sums payable out of the Consolidated Revenue
Fund in accordance with the provisions of sections ... and ...
(Hi and 17 Finance)."
By Col. Greene: After "shall" to insert "not"; to omit
"on business principles" and substitute "as a commercial,
undertaking but " : and after "regard" to insert "shall be had."
The amendment proposed by Sir George Farrar put and
agreed to.
With leave of the Convention,
The amendment proposed by Col. Greene was withdrawn.
*Clause, as amended, put and agreed to, viz.: —
13. The Railways, Ports and Harbours of the Union shall
be administered on business principles, due regard being had
to agricultural and industrial development within the Union
and the promotion, by means of cheap transport, of the settle-
ment of an agricultural and industrial population in the in-
land portions of the Union.
So far as may be, the total earnings shall be not more than
are sufficient to meet the necessary outlays for working main-
tenance, betterment, depreciation and the payment of interest
due on capital not being capital contributed out of railway
or harbour revenue and not including any sums payable out
of the Consolidated Revenue Fund in accordance with the
provisions of sections ... and ... (1C and IT Finance). The
amount of interest due on such capital invested shall be paid
over from the Railway and Harbour Fund into the Consoli-
dated Revenue Fund.
The Governor-General-in-Council shall give effect to the
provisions of this section as soon and at such time as the neces-
sary administrative and financial arrangements can he made,
but in any case shall give full effect to them before the ex-
piration of four years from the establishment of the Union.
Mr. Smier, moved : That the whole of the draft Act be re-
ferred to the Drafting Committee with power to make such
alterations in phraseology as may be necessary to make the
meaning clear.
Agreed to.
Mr. Malan moved : To revert to Clause Thirty-three.
Col. Greene objected.
Business suspended at one o'clock p.m.
220 SOUTH AFRICAN NATIONAL CONVENTION, 1908 — '09.
Tu-o o'clock p.m.
Business resumed.
.)//•. Mdlan moved : That Clause Thirty-three, together with
the original resolution and the motion proposed by Mr. Moor
on ihe IGth December last [page 133] on the extension of the
franchise to women, be referred to the Drafting Committee.
Gen. De Wet objected.
Mr. i\[<t~lan moved : That the Convention revert to Clause
Thirty-three.
After discussion,
This motion was put and agreed to.
Mr. Malan moved : To omit all the words after " House of
Assembly " to " unless the bill " and substitute " but no law
by which the qualifications of voters are prescribed existing
in the Colony of the Cape of Good Hope at the date of the
establishment of the Union shall be repealed or amended so
as to discriminate on the ground of race or colour only be-
tween persons entitled or who may at any time in future be-
come entitled to be registered as voters thereunder, unless the
bill in which such repeal or discrimination is proposed."
Discussion ensued.
On the motion of Sir George Earrar, the further considera-
tion of this clause was ordered to stand over."
On the motion of Mr. Watt,
The Convention reverted to Clause One-hundred and thirty-
four.
Mr. W<itt moved : After " sections 33 " to insert " 86."
After discussion,
The amendment was put, and the Convention divided :
"'AYES," 5. Farrur, Sir G. H.
Fischer, Mr.
Greene, Col. Fitzpatrick, Sir -I. P.
Hyslop, Mr. Hertzog, Gen.
Moor, Mr. Hull, Mr.
Smythe, Mr. -Tagger, Mr.
AViitt, Mr. Jameson, Dr.
Lindsay, Mr.
Maasdorp, Mr.
•' \<>KS," 2o. Malan, Mr.
Merrimaii, Mr.
.Heck, Dr. Saner, Mr.
Botha, Gen. Sniartt, Dr.
Browne, Mr. Smuts, Gen.
Burger, Gen. Stanford, (Nil.
De la Key, Gen. Steyn, Mr.
De Villiers, Sir •!. H. Van TIeerdcn, Mr.
De Wet, Gen. Walton, Mr.
The amendment accordingly negatived.
Mr. //_// >7oyy moved: After "law" to insert ''passed by an
>;i<res 222-223.—G.R.H.
MINUTES OF PROCEEDINGS.
.absolute majority of members of each House of Parliament."
Upon which the Convention divided :
" AYES," 5. Earrar, Sir O. H.
Fischer, Mr.
Greene, Col. Fitzpatrick, Sir -I. 1*.
Hyslop, Mr. Hertzog, (Jen.
Moor, Mr. Hull, Mr.
Smythe, Mr. J agger, Mr.
Wait, Mr. Jameson, Dr.
Lindsay, Mr.
Maasdorj), Mr.
" NOES," 2~). Malan, Mr.
Merriin an, Mr.
Beckj Dr. Saner, Mr.
Botha, (it'll. Smartt, Dr.
Browne, Mr. Smuts, Gen.
Burger, Gen. Stanford, Col.
Do la Key, Gen. Steyn, Mr.
De Yilliers, Sir J. H. Van Heerdon, Mr.
De Wet, Gen. Walton, Mr.
The amendment accordingly negatived.
On the motion of Mr. Malan,
The Convention reverted to the Schedule.
Mr. Malan moved : To add to sub-section (19) " provided
that the Governor-General-in-Council may make special pro-
vision for the appropriation of a portion of such revenue as
a contribution towards the cost of defence and services of a
similar nature rendered by the Union for the whole of South
Africa."
Discussion ensued.
Mr. Moor moved: That the further consideration of this
sub-section stand over.
Agreed to.
5. Consideration of Keport of Committee on the Union
Capital resumed.
The President stated that this report would be found on
pages 172-17-J of the proceedings, and that when the report
\vas under consideration on Saturday the question before the
Convention was a motion by General Hert/og: That the
method of voting for the Union Capital he that proposed in
paragraph I. of the committee's report.
Upon which an amendment had been moved by Gen.
Botha :
To omit "paragraph 1." and substitute "paragraph II.'*
With leave of the Convention,
The amendment proposed by Gen. Botha \va^ withdrawn.
After discussion.
( )n the motion of Mr. Merriman,
The debate was adjourned until to-morrow.
(i. On the motion of Mr. Merriman, the Convention ad-
journed at a (jiiarter to live o'clock p.m.
"2'2'2 SOUTH AFRICAN NATIONAL CONVENTION, 1908 — '09.
CAPE TOWN, Wednesday, 2TTH January, 1909.^.
1. All the members were present, except Sir Willianb
Milton.
2. Mr. Hyslop moved : That the Convention at its rising to-
day adjourn until to-morrow at half-past eleven o'clock a.m.
* Agreed to.
•3. Gen. BotJift moved: That Mr. Hull be a member of the
Drafting Committee as an alternate to Gen. Smuts.
Agreed to.
4. Consideration of draft South Africa Act resumed.
The President stated that sub-section (19) of the Schedule
having been reverted to, the following amendment had been,
moved by Mr. Malan : To add " provided that the Governor-
General-in-Uotineil may make special provision for the appro-
priation of a portion of such revenue as a contribution towards
the cost of defence and services of a similar nature rendered
by the Union for the whole of South Africa."
The President moved, as an amendment to this amendment :
Before "services" to insert "other"; to omit "of a similar
nature rendered " and substitute " performed " and before
"whole" to insert "benefit of the."
Amendment, as amended, put and agreed to, the sub-section
then reading as follows: —
(19) Subject to the provisions of this Schedule all revenues
derived from any territory shall be expended for and on be-
half of such territory, provided that the Governor-General-
in-Coimcil may make special provision for the appropriation
of a portion of such revenue as a contribution towards the
cost of defence and other services performed by the Union
for the benefit of the whole of South Africa.
The President then stated that Clause Thirty-three having
been reverted to, 1he following amendment had been moved
by Mr. Malan : To omit all the words after "House of As-
sembly" to "unless the bill" and substitute "but no law by
which the qualifications of voters are prescribed existing in
the Colony of the Cape of Good Hope at the date of the estab-
lishment of the Union shall be repealed or amended so as to
discriminate on the ground of race or colour only between
persons entitled or who may at any time in future become
entitled to be registered as voters thereunder, unless the bill
in which such repeal or discrimination is proposed."
Discussion ensued.
Business suspended at eleven o'clock a.m.
Quarter-past eleven o'clock a.m.
Husiues^ resumed.
o. Minnies of previous meeting confirmed.
C>. Consideration of draft South Africa Act continued.
After discussion,
A\ itli leave of the Convention,
Subsequently rescinded — see page 2211 — G-.R.H.
MINUTES OF PROCEEDINGS. 223
•
The amendment proposed by Mr. Malan to Clause Thirty-
three was withdrawn.
7. Consideration of Report of Committee on the Union
Capital resumed.
The President stated that this report would be found on
pages 172-17-) of the proceedings, and that when the report
was under consideration yesterday, the question before the
•Convention was a motion by General Hertzog : That the
method of voting for the Union Capital be that proposed in
paragraph I. of the Committee's report.
After discussion,
With leave of the Convention,
The motion proposed by Gen. Hertzog was withdrawn.
Business suspended at one o'clock p.m.
Two o'clock p.m.
Business resumed.
Mr. Browne moved : That a Committee be appointed con-
sisting of two delegates from each Colony, to be nominated
by the respective Prime Ministers, and one delegate from
Rhodesia to consider whether by the assignment for a term of
years of some of the functions of the Union Capital to exist-
ing capitals, or otherwise, some agreement satisfactory to all
the Colonies on the subject of such Union Capital can be
arrived at.
After discussion,
With leave of the Convention,
This motion was withdrawn.
On the motion of Gen. de la Rey, the further consideration
of this report was adjourned until Friday.
8. On the motion of Mr. Merrimaii, Mr. Walton was ap-
pointed an alternate for Mr. Merriman on the Drafting Com-
mittee.
9. On the motion of Sir Lewis Michell, Mr. Coghlan was
nominated as an alternate for Sir Lewis Michell on the Draft-
ing Committee.
10. On the motion of Mr. Saner, the resolution adopted
this morning that the Convention at its rising to-day adjourn
until to-morrow at eleven-thirty o'clock a.m. was rescinded,
and it was resolved that at its rising to-day the Convention
adjourn until to-morrow at two o'clock p.m.
11. On the motion of Mr. -1 agger, the Convention adjourned
at half-past two o'clock p.m. until to-morrow at two o'clock
p.m.
CAP!': TOWX, TJiiiwIiiy, 28-fir January. 1909.
'I ico o'clock p.m.
1. All the members were pre>ent, except Sir William
Milton.
2. Minutes of previous meeting confirmed.
•'5. Consideration of draft South Africa Act resumed.
The President put the preamble.
224 SOITII AFKK AX NATIONAL CONVENTION, 1908 — '09.
Col . (ireene moved : After "British Colonies therein" to in-
sert "relying on the blessing of Almighty God."
This amendment put and negatived.
.)//•. Ja</<jer moved : In the last paragraph to omit
"eventual."
This amendment put and negatived.
"-'Preamble agreed to without amendment.
4. The /'resident, as Chairman of the Drafting Committee,,
intimated that the Committee had now completed its labours
and had agreed to a number of the suggestions made by the
Prime Ministers on the report of their respective draftsmen
and had also made other amendments, and further stated
that he expected to bring up the report to-morrow.
On the motion of Gen. Smuts,
The Convention proceeded to consider! the amendments
which the Drafting Committee had adopted on the report of
the draftsmen.
The President put these amendments, which wrere agreed to,
as follows :
Clause 4.
After "Act" to insert "of Parliament"; after "resolutions
of" to omit "their respective" and substitute "both"; and
after "name" to insert "of" and to omit the inverted commas
before and after "South Africa."
Clause 7.
After "by" to omit "the Sovereign" and substitute "His
Majesty."
Clause 11.
To omit "Sovereign or his representative" and substitute
"Governor-General."
Clause 7J.
After "Governor-in-Council" to insert "or in any authority
of the Colony"; after "Governor-Geiieral-in-Council" to in-
sert "or in the authority exercising similar powers under the
Cnion": and to omit "delegated to" and substitute "vested
in."
Clause 17.
To omit "a" after "in" and substitute "the"; after "Par-
liament" where it first occurs to omit "to be styled the" and
substitute "of the I'nion hereinafter called."
Clause 23.
In subsection (c) after "any " to omit "conventional or."
('la use '•}(').
After "officers" to omit "their" and substitute "the" and
after "duties" to insert "of such officers."
( 'la list .< .Ti a i,d -'IV.
< hn it led.
Sul.'M" luently amended seepage '2\M .
v For an explanation of the procedure' followed see Explanatory Note. — G.R.H, .
MINUTES OF PROCEEDINGS. 225
Clause 39.
To omit the words "each Colony" and "any Colony" where
they occur and substitute "each of the Colonies" and "any of
the Colonies"; to omit the words "several" and "said" where
they occur before the words "Colonies"; after "expenses of
such Commission" to insert "before the establishment of the
Union"; after the words "disability of any of the Commis-
sioners" to insert "before the establishment of the Union,"
and to add at the end "After the establishment of the I'nion
the expenses of the Commission shall be defrayed by the
Governor-General-in-Council and any vacancies shall be filled
by him. "
Clause 43.
In sub-section (i) after "boundaries of" to insert "and the
number of members assigned to"; and to omit all the words
after "division" to the end of the sub-section; in sub-section
(iii) after "divisions" to insert "and the number of members
assigned to each division."
Clause 44.
After "shall" to insert "in respect of the election of mem-
bers of the House of Assembly."
Clause 51.
After "Speaker or" to insert "the."
New Clause 54.
To be added to Clause 73 as a new proviso.
Clause 55.
In sub-section (i) after "in the" to insert "last preceding,"
and after "section" to omit "fifty-four."
Clause 56.
After "law" to omit "to be."
Clause o&.
After "members" to omit "of the'' and substitute "and."
Clause 59.
To omit "Legislative" and substitute "House of."
Clause 68.
After "Dutch language" to omit "and."
Clause 71.
To transpose the words "in the Province" to follow after
"elected."
Clause 72.
To divide the Clause into two sub-sections, sub-section (i)
concluding with the words "for the House of Assembly"; to
amend that sub-section by omitting "and according to the
principle of proportional representation with the single trans-
ferable vote"; to insert a new sub-section as follows: —
(ii) Any alteration in the number of members of the Pro-
vincial Council and any redivision of the Province into elec-
toral divisions shall come into operation at the next general
election for such Council held after the completion of the re-
226 SOUTH AFRICAN NATIONAL CONVENTION, 1908 — '09.
division or of any allocation consequent upon such alteration
and not earlier.
Sub-section (iii) to consist of from "The elections" to the
end.
Clause 75.
To make "Councils" in the singular; and to omit "No
greater period than twelve calendar months shall" and substi-
tute "a period of twelve months shall not."
Clause 78.
To omit all the words after "Council and" to the end, and
substitute "no member shall be liable to any action or proceed-
ing in any Court by reason of his speech or vote in such
Council."
Clause 79.
In sub-section (i) after "otherwise" to omit "according to
the principle of proportional representation with the single
transferable vote"; and in sub-section (iv) after "shall" to
omit " similarly."
Clause 81.
To omit "wherever" and substitute "whenever" and to omit
"'election" and substitute "electing."
Clause 82.
After "establishment be" to omit "exercised by the Ad-
ministrator" and substitute "vested in the Executive Com-
mittee."
Clause 89.
After "Parliament" to omit "it shall be lawful for"; after
"Council" to insert "of the Province to which the matter
relates may"; after "founded" to omit "it shall be lawful
for"; and to omit "to" where it occurs after "Parliament"
and substitute "may."
Clause 90.
After "appropriation" to insert "and under warrant signed
by the Administrator."
Clause 92.
After "language" to omit "and."
Clause 95.
Before the title to insert "VI."
Clause 100.
After the word "after" to insert "the establishment of."
Clause 103.
To omit "Colony" and substitute "of the Colonies."
Clause 104.
To omit "Colony" and substitute "of the Colonies."
<'hmse 105.
To omit from "Appeals" down to "Union" and sub-
mit ute "In every case civil or criminal in which at the
t of the Union an appeal might have been
MINUTES OF PROCEEDINGS. 227
made from a Court of Resident Magistrate or other inferior
Court to a Superior Court in any of the Colonies the appeal
shall be made to the corresponding division of the Supreme
Court of South Africa"; and after "such" to omit "Superior
Court " arid substitute " division."
Clause 107.
After "South Africa" to insert "and prescribing the time
and manner of making Appeals thereto."
Clause KM.
After "promulgated" to omit "for any such division."
Clause 111.
To omit "in such manner" down to the end of the clause
and substitute "in like manner as if they were original judg-
ments or orders of the Provincial division of the Supreme
Court of South Africa in such Province."
C I (mac Ho.
To omit "a Colony" and insert "any of the Colonies" and
to omit "Colony" and substitute "of the Colonies."
Clause 7/6'.
To omit "Colony" and substitute "of the Colonies," and after
*" Superior Court of" to insert "'anv of."
Before the titles "Finance and Railways" and "General"
to insert the numbers "VII." and "VIII." respectively.
New Clause 119.
The election of Senators and of members of the House of
Assembly the Provincial Councils and the Executive Com-
mittees of the Provincial Councils as provided in this Act shall
be according to the principle of proportional representation,
each voter having one transferable vote. The Governor-
General-in-Council or in the case of the first election of the
Senate the Governor-in-Council of each of the Colonies shall
frame regulations prescribing the method of voting and of
transferring and counting votes and the duties of returning
officers in connection therewith and such regulations or any
amendments thereof after being duly promulgated shall have
full force and effect unless and until Parliament shall other-
wise provide.
Clause 123.
After "Governor-General" to insert "-in-Council."
Clause 121 .
After "Service" to insert "of any."
Clause 128.
To omit "Parliament" where it occurs and substitute
"Legislature."
Before the title "Xew Provinces ami Territories" to insert
"IX."
Clause 131.
To be amended to read as follows :— "Parliament may alter
the boundaries of any Province divide the Province into two
i 2
228 SorTir AFRICAN NATIONAL CONVENTION, 1908 — '09.
or moro Provinces or form a new Province out of Provinces
or Territories within the Union on the petition of the Provin-
cial Council of every Province whose boundaries are affected
thereby."
Schedule.
S a !)-.•«'(•{ /on (!)•
After "Territory" to omit "of" and substitute "belonging
to."
Sub-section (4).
After "three of them" to insert "with the Prime Minister
or his deputy."
Sub-section (7).
Before "Territories" to omit "said."
Sub-section (8).
Before "reasons" to omit "urgent."
Sub-section, (12).
After "average" where it first occurs to insert "amount";
after "revenue" where it occurs the second time to insert "of
such Territory"; after "average" where it occurs the second
time to insert "amount."
Sub-section (13).
After "expenditure" to insert "any amount required to
make good"; and after "Government to" to omit "cover" and
substitute "make good."
Sub-section (21).
Before "Territories" to omit "different."
Sub-section (2o).
To omit "proposed laws" and substitute "bills."
Finance Clauses.
Clause (2).
To omit "the Provinces respectively" and substitute "each
Province" and in paragraph (a) to omit "Parliaments of the
respective Colonies" and substitute "Legislature of the cor-
responding Colony."
Clause (7).
After "each" to omit "Colony" and substitute "of the
Colonies."
Clause (S).
To transpose the words "and all rights of whatever descrip-
tioii" to follow after "immovable."
Clause (9).
After "at" to omit "the date of"; after "on" to omit "the"
and insert "such"; and after "establishment" to omit "of
i he Union."
(10).
To omit "several" before "Colonies."
Clause (II).
After "no" to omit "public" and after "railway" to insert
"tor the convoy a nee of public traffic and no."
MINUTES OF PROCEEDINGS. 229
•Clause (18).
To omit "fit person to be."
o. On the motion of Mr. Steyn,
Resolved : That the Draft Act be printed as soon as pos-
sible and distributed amongst members.
0. Mr. Me n- 1 man moved : That the Convention adjourn
until to-morrow at half-past eleven o'clock a.m.
Sir Gear ye Farrar moved, as an amendment : That the
Convention adjourn until to-morrow at two o'clock p.m.
After discussion,
This amendment was put and negatived.
The motion proposed by Mr. Merriman put and agreed to,
and the Convention accordingly adjourned at half-past three
o'clock p.m.
CAPE TOAVX, Friday, Will January, 1909.
Half-past eleven o'clock a.m.
1. All the members were present, except Sir William
Milton.
2. Minutes of previous meeting confirmed.
•'{. The /'resident laid upon the table proofst of the Draft
South Africa Act printed in terms of the resolution of
the Convention adopted yesterday [printed above].
4. The President, as Chairman, brought up the Second Re-
port of the Committee, appointed by Resolution of the Con-
vention dated the 18th December, 1908 [page 143],
to draft the South Africa Act, as follows: —
Your Committee having had under consideration the sug-
gestions submitted by the respective Prime Ministers on the
report of their draftsmen, have agreed to the saine£ with the
following exceptions: —
<'hm*f 49.
To omit "or telegram" and insert "under his hand."
/ 'la use 82.
The omission of the words "the Governor or."
Clause .S'6'.
The power given in tin's Clause to the Executive Govern-
ment of the I'nion of an undefined freedom to diminish the
legislative power of Parliament without any reference to Par-
liament itself was drawn attention to in the report of the
draftsmen.
Clanxe //.I
After "Provincial" to insert "or local."
Clause 122.
To omit ">ubject to the provisions of the next succeeding
section.'
* An amended clause was subsequently submitted by the Drafting- Committee
— see pagfes 231 and 233.
t From this date the original draft Act was discarded and the printed proofs
were before the Convention when making1 amendments.
+ The amendments here referred to will be found on papres 224-229 havintr
been adopted by the Convention in anticipation of this report. — G.R.H.
230 SOUTH AFRICAN NATIONAL CONVENTION, 1908 — '09.
Clause. 123.
To omit "passing of this Act" and insert '-'establishment of
the Union."
Schedule, .<iih-*ectimt (1$).
To omit "including the pa&s laws."
Finance Clause (3).
To omit "and the same" after "thereof" and insert
"which."
Finance Clause (5).
To read as follows : —
5. The Consolidated Eevenue Fund, subject to the several
payments by this Act charged thereto shall be appropriated by
Parliament for the public service.
Finance Clause (1).
After "balances" to insert "remaining unexpended at the
establishment of the Union,' and after "raised" to omit "at
the date of the Union."
Finance Clause (T7).
After the word "charge" to omit "which is sufficient to meet
the costs involved in the provision" and substitute "which is
less than that ordinarily imposed in respect."
The Committee also made the following amendments and
additions : —
Clause 7.
The insertion of the words "His Majesty" in preference to
"the King."
Clauses 21 and 22.
In lieu of the amendments first proposed, the Committee
have adopted the two new clauses subsequently submitted as
follows : —
21. For ten years after the establishment of the Union the
constitution of the Senate shall be ats follows : —
(i) Eight senators shall be nominated by the Governor-
General-in-Council and for each original province eight sena-
tors shall be elected in the manner hereinafter provided.
(ii) The senators to be nominated by the Governor-Geu-
eral-in-Council shall hold their seats for ten years. One-half
of their number shall be selected on the ground mainly of
their thorough acquaintance by reason of their official ex-
perience or otherwise with the reasonable wants and wishes
of the coloured races in South Africa.
If the seat of a senator so nominated shall become vacant
the Governor-General-in-Council shall nominate another per-
son to be a senator who shall hold his seat for ten years.
(iii) After the passing of this Act. and before the day
appointed for the establishment of the Union the Governor
of each of the Colonies shall summon a special sitting of both
Houses of the Legislature and the two Houses sitting together
as one body and presided over by the Speaker of the Legisla-
tive Assembly shall, according to the principle of proportional
representation with th° sing-le transferable vote, under regu-
MINUTES OF PROCEEDINGS. 231
lations in that behalf to he framed by the Governor-in-Council
of such Colony, elect eight persons to be senators for the pro-
vince. Such senators shall hold their seats for ten years. If
the seat of a senator so elected shall become vacant the Pro-
vincial Council of the Province for which such senator has
been elected shall in like manner choose a person to hold the
seat until the completion of the period for which the person
in whose stead he is elected would have held his seat.
22. Parliament may provide for the manner in which the
Senate shall be constituted after the expiration of ten years
and unless and until such provision shall have been made:
(i) The provisions of the last preceding section with
regard to the nomination of senators shall continue to have
effect ;
(ii) Eight senators for each province shall be elected by
the members of the Provincial Council of such province to-
gether with the members of the House of Assembly elected for
such province according to the principle of proportional re-
presentation with the single transferable vote. Such senators
shall hold their seats for ten years unless the Senate be sooner
dissolved. If the seat of an elected senator shall become
vacant the members of the Provincial Council of the Province
together with the members of the House of Assembly elected
for such Province shall -in like manner choose a person to hold
the seat until the completion of the period for which the
person in whose stead lie is elected would have held his seat.
The Governor-General-in-Council shall make regulations for
the joint, election of senators prescribed in this section.
Clause 43.
The addition of the word "division" at the end of the
words proposed to be inserted.
Clause -JO.
After "writing" to insert "under his hand" and after "or"
to insert "by."
Clause 104.
In lieu of the suggested amendment* your Committee pro-
pose to omit ''of" after "only" and substitute "of the value of
the matter in dispute or."
Clause 7iV, Finance.
Your Committee propose that this clause shall read as fol-
lows : —
18. The Governor-General-in-Council -hall appoint a Con-
troller and Auditor-General who shall hold office during good
behaviour; provided that he shall be removed by the Governor-
General-in-Council 011 an address praying for such removal
presented to the Governor-General by both Houses of Parlia-
ment; provided further that when Parliament is not in ses-
sion it shall be lawful for the Governor-General-in-Council to
suspend such officer on the ground of incompetence or mis-
* This amendment does not appear in the official record but from the Con-
vention papers, it would seem that the amendment was to omit " amount claimed
or awarded" and insert •• value of the matter in dispute.' - O.R.H.
232 SOUTH AFRICAN NATIONAL CONVENTION, 1908 — '09.
behaviour; and when and so often as such suspension shall
take place a full statement of the circumstances shall be laid
before both Houses of Parliament within fourteen days after
the commencement of its next session; and if an address shall
at any time during a session of Parliament be presented to the
Governor-General by both Houses praying for the restoration
to office of such officer he shall be restored accordingly; and if
no such address be presented the Governor-General ghall con-
firm such suspension and shall declare the office of Controller
and Auditor-General to be and it shall thereupon become
vacant.
Clause 123.
In order to bring this clause into harmony with Clause
122 your Committee propose to reinsert the words "and ,such
officers on being so assigned shall become officers of the pro-
vince."
5. Mr. Saner, as Chairman, brought up the Third Report
of the Committee, appointed by Resolution of the Convention
dated the 7th December, 1908, [page 114] to make recommen-
dations in regard to Finance and Trade, as follows : —
Your Committee having had under consideration the modus
vivendi between the Transvaal and the Portuguese territory
of Mozambique, the draft agreement in modification thereof
and the division of the balance of the traffic between the
coastal colonies, and not having arrived at a decision thereon,
decided to refer the matter to the Prime Ministers of the
several Colonies represented at the Convention.
6. On the motion of the President, the Convention proceeded
to the consideration of the Second Report of the Drafting
Committee [pages 229-232] .
Proposed new Clause Twenty-one [pages 230-231] put.
Mr. Malan moved: In sub-section (iii) to omit from "ac-
cording" to "such Colony" and also the words "in like
manner."
Agreed to.
New clause, as amended, put and agreed to.
Proposed new Clause Twenty-two [page 231] put.
Sir Percy Fitzpatricl: moved : In sub-section (i) to omit "the
nomination of" and substitute "nominated."
Agreed to.
Mr. Malan moved: To omit from "according" to "transfer-
able vote," and also the words "in like manner."
Agreed to.
Clause, as amended, put and agreed to.
On Clause Forty-six (old Forty-nine) the President put t he-
proposed amendment after "writing" to insert "under his
hand," which was agreed to.
TJie President then put the amendment to insert "by" after
"or," which was negatived.
Mr. Mcrniixni moved: To omit 1he words "or telegram."
MINUTES OF PROCEEDINGS. 233
Agreed to.
On the motion of Mr. Merriman,
The Convention reverted to Clause Twenty-six and the words
""or by telegram" were omitted therefrom.
On the motion of the President,
A sub-heading "The Senate" was inserted after Clause
Twenty.
The' amendment on Clause One Hundred and Two (old
One Hundred and Four) put and agreed to, \v/.. : to omit "of"
after "only" and substitute "of the value of the matter in
dispute or."
The President put the proposed new Clause One Hundred
and Thirty-two in lieu of Clause Eighteen (Finance).
Mr. \Y<tl1on moved, as an amendment : To add at the end
'Tntil Parliament shall otherwise provide the Controller and
Auditor-General shall exercise such powers and functions,
and undertake such duties as may be assigned to him by the
Governor-General-in-Couneil by regulations framed in that
behalf."
Agreed to.
*Clause, as amended, put and agreed to.
The 1'rexiclent put the amendment in Clause One Hundred
and Forty-one (old One Hundred and Twenty-three), which
was agreed to.
Mr. MfiJfin moved : In sub-section (ii) of this Clause to omit
the word "shall" and substitute "may."
Agreed to.
On the motion of the President, the Convention reverted to
Clause One Hundred and Thirty-five (Xew Clause One Hun-
dred and Nineteen). [See page 227].
The /'resident moved: To insert after "shall" where it
first occurs "whenever such election is contested."
Agreed to.
On the motion of The President, the Convention reverted to
Clause One Hundred and Twenty-seven (old Finance Clause
Thirteen).
The President moved : In the last paragraph to omit all the
words after '"section" to "expiration of," and substitute
"within," and to omit "from" and substitute "after."
Agreed to.
Mr. Hull moved : To omit the word "business" and substi-
tute1 "commercial."
This amendment put and negatived.
Gen. Smuts moved : At the beginning to insert "In the ad-
ministration of" and to omit "shall be administered on busi-
ness principles" and to omit "being" and substitute "shall
be."
After discussion,
* Subsequently further amended — see pajje 2H7.---G.R.H.
234 SOUTH AFRICAN NATIONAL CONVENTION, 1908 — '09.
u
This amendment was put, and the Convention divided:]
"AYES." 15. "NOES," 15.
Beck, Dr. Browne, Mr.
Botha, (ion. Burger, Gen.
ILert/og, Gen. De la Key, Gen.
Jameson, Dr. De Villiers, Sir J. H.
Maasdorp, Mr. De Wet, Gen.
Malan, Mr. Farrar, Sir G. H.
Merriman, Mr. Fischer, Mr.
Moor, Mr. Fitzpatrick, Sir J. P.
Sauer, Mr. Greene, Col.
Smartt, Dr. Hull, Mr.
Smuts, Gen. Hyslop, Mr.
Smytho, Mr. Jigger, Mr.
Stanford, Col. Lindsay, Mr.
Steyn, Mr. Walton, Mr.
Van Heerden, Mr. Watt, Mr.
The numbers being equal, the President gave his casting
vote with the " Noes " to preserve the clause as already
agreed to.
The amendment accordingly negatived.
On the motion of Dr. Jameson,
The Convention reverted to Clause Thirty.
Dr. Jameson moved: To omit "Oranje" and substitute
"Orange Free State."
Agreed to, and it was resolved that the consequent amend-
ments be made elsewhere in the Bill wherever necessary.
On the motion of Mr. Fischer,
The Convention reverted to Clause Thirty-one.
Mr. Fischer moved : In sub-section (vi) to omit "twenty-one"1
and substitute " twenty."
Discussion ensued.
Business suspended at one o'clock p.m.
Two o'clock p.m.
Business resumed.
On the motion of General Smuts, the further consideration
of this amendment was ordered to stand over.*
On the motion of the President,
The Convention reverted to Clause Ninety-Six (old Ninety-
eight).
The President. nioATed : In sub-section (iv) to omit " also "
and substitute " mutatis mutandis."
Agreed to.
On the motion of Gen. Smuts,
The Convention reverted to Clause Eighty-three (old
Flighty-six ).
Gen. S/uuf.i moved: To omit "the Administrator with the
advice and consent of.'
* Seepage 21(7.— G.R.H.
MINUTES OF PROCEEDINGS. 235
Agreed to.
On the motion of Gen. Smuts,
The Convention reverted to Clause One Hundred and Fifty-
two (old One Hundred and Thirty-four).
Gen. Smuts moved: To insert after ''prescribed" and
•\vithin the brackets the words " or until a period of ten years
has elapsed after the establishment of the 1'nion, whichever
is the longer period.
Agreed to.
On the motion of Gen. Hertzog,
The Convention reverted to Clause Eighty-nine; (old Ninety-
two).
Gen. Hertzoy moved: To omit " A proposed " and substi-
tute "An"; to omit "so"; after "assented to" to insert
" by the Governor-General-in-Council," and after " promul-
gated " to insert " by the Administrator."
Agreed to.
7. Col. Greene moved : That the draft Constitution be pub-
lished simultaneously in the five capitals on a date to be fixed
hereafter.
Agreed to.
8. Gen. Smuts moved : That a Committee be appointed con-
sisting of one delegate appointed by each Prime Minister, and
one to represent Rhodesia, for the purpose of preparing a
precis of the conclusions embodied in the draft Act.
Agreed to.
The Committee was then nominated as follows: — Cape of
Good Hope. Mr. Walton; Xatal, Mr. Watt; Transvaal, Gen.
Smuts; Oranye River Colony, Gen. Hertzog: and Rhodesia,
Mr. Coghlan.
9. Gen. Smuts moved : That the question of the procedure in
regard to the further steps to be taken after the publication
of the draft Constitution, as agreed to in sub-section (e] of
the Pretoria resolutions of the 5th May, 1908, be referred to a
committee consisting of the respective Prime Ministers of the
self-governing Colonies concerned.
Mr. Mei'i-i man moved : That the President be a member of
the Committee.
Agreed to.
Motion, as amended, put and agreed to.
10. Consideration of report of Committee on the Union
< 'apital resumed.
The President stated that this report would be found on
pages 172-17-') of the proceedings, and that when the report
was under consideration on Wednesday the motion proposed
by Gen. Hertzog had been withdrawn.
After discussion,
< hi the motion of Col. Greene, the debate was adjourned
until to-morrow.
11. < hi the motion of Mr. Merriman, the Convention ad-
journed at twenty minutes past three o'clock p.m. until to-
morrow at a quarter-past eleven o'clock a.m.
236 SOUTH AFRICAN NATIONAL CONVENTION, 1908 — '09.
CAPE TOWN, Saturday, MTU January, 1909.
Quarter-past eleven o'clock a.m.
1. All the members were present, except Sir William
Milton.
2. Minutes of previous meeting confirmed.
3. I IK President laid upon the Table revised proofs of the
draft South Africa Act,
4. The President, as Chairman, brought up the report of
the committee appointed by resolution of the Convention
dated the 29th January, 1909 [page 235], on procedure after
publication of draft Constitution, a,s follows: —
Your Committee beg to recommend the following: —
(1) Special sessions of Parliament to meet on the 30th
March for the purpose of discussing the draft Act.
(2) Convention to reassemble, if necessary, on a day in
May to be fixed by the President of the Convention in con-
sultation with the Prime Ministers of the Colonies.
(3) In June final draft to be submitted to Parliaments in
order to pass the addresses for Union. This submission to T>?
as far as practicable simultaneous.
(4) As soon as possible thereafter a Committee, consisting
of delegates appointed by the Governments of the Colonies
which have passed such addresses to proceed to England for
the purpose of affording information to His Majesty's Govern-
ment and facilitating the passing of the Act.
Mr. Malan moved : That the report be now considered.
Agreed to.
On Resolution Xo. 1.
Col. Greene moved: To omit "Special."
Agreed to.
Resolution, as amended, put and agreed to.
On Resolution Xo. 2.
Mr. Fi xclier moved: After "if necessary" to insert "in
Bloemfontein."
Agreed to.
Resolution, as amended, put and agreed to.
Resolution Xo. 3 put.
Sir Percy Fitzpatrick moved: After "Union" to insert
and to take such other steps as may be necessary."
This amendment put and negatived.
Resolutum agreed to without amendment.
Re-solution Xo. 4 put.
Mr. Watt moved: After "addresses" to omit "to" and
substitute " shall if necessary/''
This amendment put and negatived.
Resolution agreed to without amendment.
">. ( hi the motion of Mr. Malan, the Convention resumed
the consideration of the draft Act for the purpose of making
certain verbal amendments therein, which were agreed to, as
follows : —
MINUTES OF PROCEEDINGS. 237
Preamble. In paragraph (2), to omit '" voluntarily
and to omit the last words " in such Union," and substitute
"therein."
Clause 17: To omit "hereinafter" and substitute "herein."
Clause 31, sub-section (iii): To omit "by virtue of the pro-
visions of " and substitute " in."
Clause 31, sub-section (vi) : To omit "adult males" and
substitute " male adults."
Gen. Smut* moved: To add to Clause Thirty-one:
(vii) For (he purposes of this section, the number of Euro-
pean male adults not being members of His Majesty's regular
forces on full pay as ascertained at the Census of 1904 shall
be taken to be :
for the Cape Colony 107,546
for Natal 34,784
for the Transvaal 100,493
for the Orange Free State 41,014
Mr. Malan moved, as an amendment: To omit "section"
and substitute "Act."
These amendments put and agreed to.
Mr. Watt moved: To omit "Free State" and substitute
"lliver Colony."
This amendment put and negatived.
Sub-section, as amended, put and agreed to.
The President stated that when the further consideration
of Clause Thirty-one was ordered to stand over yesterday
[ page 234] an amendment had been moved by Mr. Fischer to
omit "twenty-one" and substitute "twenty," but this amend-
ment would now drop.
The following further amendments were then made, viz. : —
Clause 69 (old 72): Before "redivision" to omit "the"
and substitute " such."
Clause 70 (old 73) : To omit "be elected as" and substi-
tute " become."
Clause 90 (old 93), sub-section (iii) : After "Governor-
General " to insert " in-Council."
Clause 96 (old 98), sub-section (iv.): To omit "had" and
substitute "have."
Clause 113 (old 115), siib-section (iii.): To omit "of such
Supreme Court."
Clause 129 (old Finance Clause 15) : To omit "Railway and
Harbour."
Clause 131 (old Finance Clause 17) : To omit "resolution
or" and after "of Parliament" to insert "or resolution of
both Houses of Parliament."
Clause 132 (old Finance Clause 18): To omit "it shall be
lawful for," and after "Council" to omit "to" and substi-
tute "may."
Clause 133 (old Finance Clause 19) : To omit "Maritzburg"
and substitute " Pietermaritzburg," and to omit " paid "
and substitute "payable."
*238 SOUTH AFRICAN NATIONAL CONVENTION, 1908 — '09.
Clause 136 (old 118) : To omit "shall have been" and sub-
stitute "is."
Chute 150 (old 132): After "are" to insert "expressed"
and after "addresses" to oinit "expressed."
Clause 151 (old 133) : After " His Majesty " to insert
"and."
Clause 152 (old 134) : To add at the end "A bill so passed
at such joint sitting shall be taken to have been duly passed
by both Houses of Parliament."
Schedule.
Sub-section 11. To omit "conferred" and substitute
"imposed."
Sub-section 23. To omit "in lieu of" and substitute
•'Where"; to omit "which" and to make "appeals" in
the singular.
The following proposed amendments were put and
negatived, viz. : —
Clause. 61 (old 64), after "Senate" to omit "so" and
substitute "first."
Clause 83 (old 86), sub-section (vii), before "subject" to
to omit " and."
Clause 123 (old Finance Clause 9): To omit "working"
and substitute " mining."
Clause 139 (old 121) : After "functions which" to omit
" shall " and substitute " are," and after " Union " to omit
"be."
Business suspended at one o'clock p.m.
Two o'clock p.m.
Business resumed.
6. Consideration of report of Committee on the Union
Capital resumed,
The President stated that this report would be found on
pages 172-173 of the proceedings, and that when the report
was under consideration yesterday the motion proposed by
Gen. Hertzog had been withdrawn.
Mr. Merriman moved : The seat of the Executive Govern-
ment of the Union shall be at Pretoria and the seat of the
Legislature shall be at Cape Town.
Gen. Botha moved, as an amendment: "Pretoria shall be
the capital and the seat of Government of the Union ; the ses-
sions of Parliament shall, however, be held at Cape Town."
Mr. Jaaner moved, as an amendment : The seat of the
Government of the Union shall be at such one of the four
towns, Cape Town, Pieterrnaritzburg, Pretoria or Bloemfon-
tein, as the voters of the Union may decide. For the purpose
<>f obtaining such decision the names of the four towns above-
mentioned shall be submitted to the registered electors in the
Union. Each elector shall have one single transferable vote,
and the town which secures the largest number of votes shall
be the one selected. Pending such selection, which shall take
place within one year from the establishment of the Union
Parliament shall meet at Cape Town.
MJXUTKS OF PRCH KKIHX(.S. 23i)
Discussion ensued.
Mr. Sauer moved : That the debate be adjourned until
Monday.
Col. Greene moved : That the Convention suspend business
for twenty minutes.
The motion proposed by Mr. Sauer r;<t and agreed to, and
the motion by Col. Greene accordingly dropped.
7. On the "motion of Mr. Sauer, the Convention adjourned
at five minutes to four o'clock p.m. until Monday at a quarter-
past eleven o'clock a.m.
CAPE TOWN, Monday, IST February, WOO.
Quarter- past eleven o'clock a.m.
1. All the members were present, except Sir William
Milton i:ud Gen. -De Wet.
2. Minutes of previous meeting confirmed.
3. The President laid upon the Table further revised proofs
of the draft South Africa Act.
4. The President read and put in a letter, dated Bloenafon-
tein, the 27th ultimo, from the Chairman of the Kimberley
and Bloemiontein district Synod of the native section of the
Wesleyan Methodist Church of South Africa, on the subject
of safeguarding1 the interests of the natives.
5. Adjourned debate on motion on the Union Capital, to be
resumed.
The President stated that when this debate was adjourned
on Saturday, the question before the Convention was a motion
by Mr. Merriman :
The seat of the Executive Government of the Union shall
be at Pretoria, and the seat of the Legislature shall be at Cape
Town .
Upon which the following amendments had been moved :
By Gen. Botha: Pretoria shall be the capital and the seat
of Government of the Union : the sessions of Parliament shall,
however, be held at Cape Town.
By Mr. Jagger : The seat of the Government of the Union
shall be at such one of the four towns, Cape Town, Pieter-
maritzburg, Pretoria or Bloemfontein as the voters of the
Union may decide. For the purpose of obtaining such deci-
sion the names of the four towns abovementioued shall b;>
submitted to the registered electors in the Union. Each elec-
tor shall have one single transferable vote, and the town which
secures the largest number of votes shall be the one selected.
Pending such selection, which shall take place within one
year from the establishment of the Union, Parliament shall
meet at Cape Town.
Debate resumed.
Business suspended at one o'clock p.m.
Two o'clock p.m.
Business resumed.
6. Mr. Walton, as Chairman, brought up the report of the
Committee appointed by resolution of the Convention dated
240 SOUTH AFRICAN NATIONAL CONVENTION, 1908 — '09.
the 29th January, 1909, [page 235] on the precis of the Con-
stitution, as follows: —
SUMMARY OF THE DRAFT CONSTITUTION FOR SOUTH AFRICAN
UNION.
The draft Constitution proposes to establish a United Gov-
ernment of the Cape Colony, Natal, Transvaal and Orange
Free State or of any two or more of them, the name of the
Union to be South Africa.
The supreme authority will be vested in one Parliament,
and there shall be one Government and one Governor-General.
The several Colonies joining the Union are to form pro-
vinces, and will be managed by Provincial Councils in respect
of local affairs.
Exe entire Government.
It is provided that the Executive Government shall consist
of a Governor-General and a number of responsible Ministers,
not exceeding ten.
Parliament .
It is provided that Parliament shall consist of a Senate of
40 members and a House of Assembly of 121 members.
Of the 40 Senators, the Governor-General nominates eight,
one-half of whom will be selected for their knowledge of
native affairs, and each province will elect eight. The first
senators will be elected by the existing Parliaments in each
Colony, and they will hold their seats for ten years. There-
after senators will be elected by the members of the Provincial
Councils anf the members for each province in the House of
Assembly, unless the Union Parliament decides otherwise.
Senators must be thirty years of age, qualified to be voters,
have five years residence in the Union, be British subjects of
European descent, and be the owners of unincumbered im-
movable property to the value of £500. The 121 members of
the House of Assembly are divided as follows among the
several Colonies : —
Cape of Good Hope 51
Natal IT
Transvaal 36
Orange Free State IT
The number of members may be increased to 150 as the
population increases. The basis of representation is the
Eiiropeaii male adult, and it is proposed to establish what is
oalled a " quota " by dividing the total number of European
male adults in the Union as shown by the Census of 1904 by
the 121 members. A fresh census is to be taken in 1911 and
every five years subsequently, and each province is entitled to
one additional member for such " quota " of increase under
certain conditions. The actual quota for the Union is 2,891.
There may be no decrease in the members allotted to each pro-
vince for ten years, or until the total of 150 members is
reached, whichever is the longer period. Provision is made
MINUTES OF PROCEEDINGS. 241
for the readjustment of these figures in the event of any
Colony not joining the Tnion. The principle of the right of
duly qualified coloured and native people to vote in the Caj>e
Colony is protected. Laws relating to the franchise and elec-
tions remain in force iu the several provinces subject to this
Act. The allotment of representatives in the various pro-
vinces will be carried out by a Commission of Judges, and con-
stituencies shall as far as possible consist of three members,
and shall be according to the number of voters ID carrying
out this duty the Commission is allowed a discretionary power
within fifteen per cent. The Commission will also deal with
subsequent increases of members. A member of the House of
Assembly must be qualified to be a voter, have resided for five
years in the I'nion, and be a British subject of European
descent. t
In the event of the refusal of the Senate to pass a Money Hill
which has been passed by the House of Assembly a joint sit-
ting of both Houses may at once be held and a vote taken. If
the Senate, however, refuses to pass a bill other than a Money
Hill then a joint sitting may only be held in the next succeed-
ing session.
I* r<> rni rex.
The Provincial Government will be carried out by an Ad-
ministrator appointed by the Governor-General-in-Council,
an Executive Committee not exceeding five in number elected
by the Provincial Council and a Provincial Council consisting
of the same number of members as the House of Assembly, to
be elected by the same electors. In the case of Xatal and the
Orange Free State, however, the Provincial Council shall
consist of 25 members. The Provincial Council shall sit for
three years, and may not be dissolved earlier. The Provincial
Councils will deal with the following matters :
(i) Direct taxation within the province in order to raise a
revenue for Provincial purposes.
(ii) The borrowing of money on the sole credit of the Pro-
vince, with the consent of the Governor-General-in-Council
and in accordance with regulations to be framed by Parlia-
ment.
(iii) Education, other than higher education, for a period
of five years and thereafter until Parliament otherwise
provides.
(iv) Agriculture, to the extent and subject to the conditions
to be denned by Parliament.
(v) The establishment, maintenance and management of
hospitals and charitable institutions.
(vi) Municipal institutions, divisional councils and other
local institutions of a similar nature.
(vii) Local works and undertakings within the province
other than railways, harbours and such works as extend be-
yond the borders of the Province and subject to the power of
Parliament to declare any work a national work, and to pro-
242 SOUTH AFRICAN NATIONAL CONVENTION, 1908 — '09.
vide for its construction by arrangement with the Provincial
Council or otherwise.
(viii) Itoads, outspans, ponts and bridges, other than
bridges connecting two provinces.
(ix) Markets and pounds.
(x) Fish and game preservation.
(xi) The imposition of punishment by fine, penalty or im-
prisonment for enforcing any law or any ordinance of the pro-
vince made in relation to any matter coming within any of
the classes of subjects enumerated in this section.
(xii) Generally all matters which in the opinion of the
Governor-General-in-Council are of a merely local or private
nature in the Province.
(xiii) All other subjects in respect of which Parliament
shall delegate the power of making ordinances to -the Pro-
vincial Council.
Finance.
A Commission consisting of one person from each province
presided over by an Imperial officer shall be appointed to deal
with the financial relations of the provinces and the Central
Government, and in the meantime there shall be paid to the
Provincial Councils from the Central Exchequer an annual
sum equivalent to the estimates for education other than
higher education for the year 1908-09, and such further sums
as the Governor-General-in-Council may deem necessary.
Judiciary.
It is proposed to constitute a Supreme Court of South
Africa, consisting of a Chief Justice, the ordinary Judges of
Appeal, and the Chief Justices and other Judges of the several
divisions of the Supreme Court of South Africa in the
provinces.
The Appeal Court will consist of the Chief Justice, two
ordinarv Judges of Appeal and two temporary additional
Judges of Appeal.
The Supreme Courts of the several Colonies shall become
provincial divisions of the Supreme Court of South Africa and
the Eastern Districts Court, the High Court of Griqualand
and High Court of Witwatersrand, and the several Circuit
Courts shall become local divisions of the Supreme Court.
All appeals from any Superior Court in the Union may be
made only to the Appeal Court of South Africa, and appeal to
the Privy Council may only be made after leave obtained
from the Privy Council.
The Appellate Division of the Supreme Court shall sit in
, or othei1 places for the convenience of suitors.
All assets of the various Colonies shall be transferred to the
Union Government, and all debts shall be valid as against
the I'liion Government.
The control and management of all State railways, ports
and harbours shall be vested in a Board of not more than
three Commissioners and a Minister. The railwavs and har-
MINUTES OF PROCEEDINGS. 243
"hours shall be managed on business principles, and shall keep
separate accounts, and have the management of their own
funds. Due regard shall be had for agricultural and indus-
trial development, but Parliament shall make special provi-
sion for new works which may be constructed against the
advice of the Hoard.
All elections dealt with in the Constitution are to be con-
ducted on the principle of proportional representation, each
voter having one transferable vote.
All laws in the several Colonies continue in force until
amended by the Union Parliament.
Both the English and the Dutch languages shall be official
languages of the Union, and shall be treated on a footing of
equality and possess and enjoy equal freedom, rights and
privileges.
All persons of European descent who have been naturalized
in any of the Colonies shall he deemed to be naturali/ed
within the Union.
All officers of the public service of the various Colonies be-
••ome officers of the Union, and retain all rights and privileges
now possessed by them. The management of the public ser-
vice shall be under a public service commission to be ap-
pointed, and the service of no officer shall be dispensed with
•on account of his want of knowledge of either the English or
Dutch language.
Parliament may alter the boundaries of provinces or divide
them on the petition of the provinces concerned.
Parliament may amend the Constitution as it may deem fit,
but the sections relating to the coloured and native franchise
in the Cape Colony, the representation of provinces in Parlia-
ment and the equal rights of the English and Dutch languages
can only be amended by a two-thirds majority.
Provision is made for the inclusion of new provinces and
also for native territories and protectorates in the Union, and
for the terms and conditions upon which this inclusion shall
be carried out.
The Constitution will have to be passed as an Act of the
Imperial Parliament on the petition of the several Colonial
Parliaments.
In reference to the procedure to be followed for the adoption
of the Constitution, the Convention recommends its submis-
sion to special sessions of the several Parliaments to be held
on 30th March next.
7. Debate on motion on Union Capital continued.
With leave of the Convention,
Gen. Botlia amended his amendment [page 23S] by omitting
the words "the Capital and."
Mr. Hull moved : That the capital and the seat of the Union
shall be at some place on the Vaal River to be determined
by Parliament, and in the meantime the seat of the Govern-
ment of the Union shall be at Pretoria and the sessions of
Parliament shall be held at Cape Town.
244 SOUTH AFRICAN NATIONAL CONVENTION, 1908 — '09.
Dr. Snuirtt moved : That the Convention do suspend busi-
ness now, at three o'clock, until half-past three o'clock p.m.
This motion was put and negatived.
Discussion resumed.
Business suspended at half-past three o'clock p.m.
Four o'clock p.m.
Business resumed.
Mr. Hyslop moved : That Pietermaritzburg shall be the
capital.
Mr. Saner moved, as an amendment to Mr. Hull's amend-
ment : To omit the words "at some place on the Vaal River
to be," and after "seat of the" to insert "administration of
the."
After discussion,
With leave of the Convention,
This amendment and the amendment by Mr. Hull were
withdrawn.
On the motion of Gen. Smuts,
The debate wTas adjourned until to-morrow.
7. On the motion of Gen. Botha, the Convention adjourned
at twenty-five minutes to five o'clock p.m.
CAPE TOWN, Tuesday, 2xo February, 1909.
Ten o'clock a.m.
1. All the members were present, except Sir William Mil-
ton, and Gen. de Wet.
2. Gen. Hert~og, as Chairman of the Committee on the
Dutch Draft of the South Africa Act, submitted a draft
Act.
•'?. Adjourned debate on motion on the Union Capital
resumed.
The President stated that when this debate was adjourned
yesterday, the question before the Convention was a motion
by Mr. Merriman :
The seat of the Executive Government of the Union shall
be at Pretoria, and the seat of the Legislature shall be at
Cape Town.
Upon which the following amendments had been moved :
By Gen. Botha : Pretoria shall be the seat of Government
of the Union; the sessions of Parliament shall, however, be
held at Cape Town.
By Mr. J agger: The seat of the Government of the Union
shall be at such one of the four towns, Cape Town, Pietermar-
itzburg, Pretoria or Bloemfontein as the voters of the Union
may decide. For the purpose of obtaining such decision the
names of the four towns above mentioned shall be submitted to
the registered electors in the Union. Each elector shall have
one single transferable vote, and the town which secures the
largest number of votes shall be the one selected. Pending
MINUTES OF PROCEEDINGS. 245
such selection, which shall take place within one year from
the establishment of the Union, Parliament shall meet at
Cape Town.
By Mr. Myslop: Thai Pietermaritzburg shall be the
capital.
With leave of the Convention.
The motion proposed by Mr. Merriman and the amendments
by Gen. Botha and Mr. -Tagger were withdrawn.
The amendment proposed by Mr. Hyslop, which was now
the main question, was put and negatived.
4. The Convention resumed the consideration of the draft
Act.
(Jen. Smut* moved: That the following be a new Clause
to follow Clause Sixteen : —
17. Save as in section twenty-two exeepted, Pretoria shall
be the seat of Government of the Union.
Discussion ensued.
Business suspended at eleven o'clock a.m.
Quarter-pant eleven o'clock a.m.
Business resumed.
5. Minutes of previous meeting confirmed.
6. Consideration of the draft Act continued.
The new Clause Seventeen (printed above) put and agreed
to.
Gen. Siniitu moved: That the following be a new clause
to follow Clause Twenty: —
22. Cape Town shall be the seat of the Legislature of the
Union.
Agreed to.
Gen. Xumt* moved : That Clause Ninety-two (old 94A) read
as follows : —
92. The seats of Provincial Government shall be: —
For Cape of Good Hope : Cape Town.
For Natal : Pietermaritzburg.
P\>r Transvaal: Pretoria.
For Orange Free State: Bloemfontein.
C'oJ. Greene, moved, pursuant to notice: Should the exist-
ing capital of any Province be selected as the Capital of the
Union the Provincial Capital shall be located in some other
part of the province.
Discussion ensued.
Business suspended at one o'clock p.m.
Tiro o'clock p.m.
Business resumed.
The motion proposed by Col. Greene put and negatived.
The amendments to Clause Ninety-two put and agreed to.
The following amendments were then put and agreed to: —
Clause One Hundred and Seven (old 109),
To fill in the blank by inserting "Bloemfontein."
Title of Chapter X,
To omit "The Constitution" and substitute "This Act.''
246 SOUTH AFHICAN NATIONAL CONVENTION, 1908 — '09.
Gen. X units moved : That Clause One Hundred and Thirty-
three {.old Finance Clause 19), read as follows: —
U5-'{. In order to compensate Cape Town, Pietermaritzhurg
and Bloemfontein for any loss sustained by them in the form
of diminution of prosperity or decreased rateable value by
reason of the seat of government of the Union being placed
a i Pretoria and the seat of the Houses of Parliament at Cape
Town, there shall be paid from the Consolidated Revenue
Fund for a period not exceeding twenty-five years to vhe
Municipal Councils of Pietermaritzburg and Bloemfontein a
grant of two per centum per annum and to the Municipal
Council of Cape Town a grant of one per centum per annum,
on the municipal debts of such towns as ascertained by the
Controller and Auditor-General of the Union. One-half of
such grant shall be applied to the redemption of the municipal
debt of such towns. For the purpose of this section Cape
Town shall be deemed to include the municipalities of Cape
Town, Green Point and Sea Point, Woodstock, Mowbray,
Rondebosch, Claremont, and Wynberg, and any sum payable
under this section to Cape Town shall be paid to the Councils
of those municipalities in proportion to their respective debts.
Provided that the debts of the several municipalities shall be
treated as not exceeding the following amounts: —
Cape Town and Suburbs... £4,450,000
Pietermaritzburg £1,219,000
Bloemfontein £ 868,000
Provided further that at any time after the expirati»« of
ten years the Governor-General-in-Council with the approval
•of Parliament may after due inquiry withdraw or reduce the
grant to all or any of the towns in question.
Mr. van Heerden moved : That the Clause read as follows :
133. In order to compensate for losses which may be sus-
tained by towns which at the establishment of the
Union are the seats of government of their respective
Colonies in the form of diminution of prosperity or
decreased rateable value by reason of their ceas-
ing wholly or in part to be such seats of govern-
ment there shall be paid from the Consolidated Revenue Fund
TO the municipal councils of such towns for a period of 25
vears the following animal grants, viz.: — Cape Town and
Miburbs, one per cent, on £4,450,000; Pietermaritzburg, two
per cent, on £1,219,000; Pretoria, one per cent, on £500,000:
and Bloemfontein, two per cent, on £868,000. One-half of
Mich grants shall be applied to the redemption of the rnuni-
cipal debts of such towns respectively.
For the purposes of this section Cape Town shall be deemed
t-t include the municipalities of Cape Town, Green Point and
Sea Point, Woodstock, Mowbray, Rondebosch, Claremont
and Wynberg, and the grant made to Cape Town and suburbs
-hall be payable to the councils of such municipalities in pro-
portion to their respective debts. Provided that at any time
MINUTES OF PROCEEDINGS. 247
after the expiration of ten years the Governor-General-in-
Couneil, with the approval of Parliament, may after due in-
quiry withdraw or reduce the grant to all or any of the said
towns.
Dr. Snitirlt moved: That the drafting Committee be re-
queued to prepare a clause on the basis of the proposal by Mr.
Hull, on page IS!), with a furl her proviso that the amount
of compensation to he paid to Pietermarit/burg and Bloemfon-
tein shall not be less than two per cent.
This motion put and agreed to.
On the motion of Gen. Smuts,
Business was suspended at live minutes to three o'clock p.m.
A ifUdrtcr to four o'clock p.m.
Business resumed.
The /Vrx/Vr///, as Chairman of the Drafting Committee,
submitted the following: —
!•'{•"). In order to compensate Pietermaritzburg and Bloem-
fontein for any loss sustained by them in the
form of diminution of prosperity or decreased
rateable value by reason of their ceasing to
be the seats of government of their respective Colonies
there shall be paid from the Consolidated Kevenue Fund for
a period not exceeding 25 years to the municipal councils of
such towns a grant of two per centum per annum on their
municipal debts as existing on the -list January, 1909, and
ascertained by the Controller and Auditor-General. The
Commission appointed under section one hundred and sixteen
shall after due inquiry report to the Governor-General-in-
Council what compensation should be paid to the municipal
councils of Cape Town and Pretoria for the losses, if any,
similarly sustained by them. Such compensation shall be
paid out of the Consolidated Revenue Fund for a period not
exceeding 25 years and shall not exceed one -per centum per
a nnn in on the respective municipal debts of such towns as
existing on the :>lst January, 1909, and ascertained by the
Controller and Auditor-General.
For the purposes of this section Cape Town shall be deemed
to include the municipalities of Cape Town, Green Point and
Sea Point, Woodstock, Mowbray, Pondebosch, Claremont, and
Wynberg, and the grant made to Cape Town and suburbs shall
be payable to the Councils of sueli Municipalities in propor-
tion to their respective debts.
(hie-half of the aforesaid grants shall be applied to the re-
demption of the municipal debts of such towns respectively.
At any time after the tenth annual grant has been paid to
any of the said towns the Goveriior-General-in-Council, with
the approval of Parliament, may after due inquiry withdraw
or reduce the grant to such town.
With leave of the Convention,
The amendment proposed by Geii. Smuts [page 246
was withdrawn, and the amendment proposed by Mr
Van Heerden [pages 24G-247 j dropped.
•248 SOTTII AFRICAN NATIONAL CONVENTION, 1908 — '09.
Mr. J(i<)<jcr moved: To omit "and shall not exceed one per
centum jter a nun in."
This aiiiendineni put and negatived.
The proposed new clause put and agreed to.
Clause One Hundred and Thirty-four (old 117) standing over
[page 191] was put and negatived.
The following amendments were put and agreed to: —
Clause Thirty-nine (old 42) : To omit ''subject to the provi-
sions of section thirty-one."
Clause One Hundred and Fifty-One (old 133): To omit
"in the last preceding section mentioned" and substitute
"the territories administered by the British South Africa
Company."
7. The President intimated that the Second Order of the
Day — Consideration of Resolution No. 12 of Report of Pro-
vincial Constitutions Committee (Provincial Capitals) to be re-
sumed— the further consideration of which was ordered to
stand over on the 3rd December [page 110], would now drop.
8. Col . Greene moved : That the draft Act be not published
before eight o'clock on Tuesday evening, the 9th instant.
Agreed to.
9. Mr. Merriman moved : That all the minutes of the pro-
ceedings of the Convention be destroyed.
Gen. Smuts moved: That the minutes of proceedings be
treated as private and confidential.
Sir George Farrar moved: To add "and that they be left
in the custody of the Chief Secretary."
After discussion,
With leave of the Convention,
The amendment proposed by Sir George Farrar was with-
drawn.
The motion proposed by Gen. Smuts put and agreed to, and
that proposed by Mr. Merriman dropped.
10. On the motion of Mr. Sauer, the Convention adjourned
at five o'clock p.m.
CAPE TOWN, Wednesday, SED February, 1909.
Half-past Ten o'clock a.m.
1. All the members were present, except Sir William Mil-
ton, Mr. Steyn, Gen. de Wet, Mr. Coghlan, and Mr. Malan.
2. The Convention had under consideration the question of
what communication should be made to the Press in regard to
the conclusions arrived at, and it was resolved that the in-
formation to be given should be confined to the resolution
adopted yesterday (printed above) in regard to the publication
of the draft Act on the 9th instant, and the meeting of the
-everal Parliaments to discuss it on the 30th March.
Business suspended at eleven o'clock a.m.
Quarter-past eleven o'clock a.m.
Business resumed.
Minutes of previous meeting confirmed.
MINUTES OF PROCEEDINGS. 249
4. The President submitted a report containing the draft
Act which was signed by the delegates present, and ordered
to be transmitted for signature to those who were absent from
to-day's meeting. [Appendix F, pages 'M2-'U5J.
5. Mr. Mcrrimmt moved : The Convention desires to place
on record au expression of its cordial thanks to the llight
Honourable Sir Henry de Villiers for the able and impartial
services rendered by him as President throughout the two
sessions of the Convention.
Agreed to.
Sir Henri/ <le I '////>/•*, in thanking the Convention for the
unanimous vote just agreed to, said lio\v greatly he appre-
ciated the very high honour which had been conferred upon
him by his election to preside over this Convention. He
must express his thanks for the reference which had been
made bv delegates to any assistance which he had been able
to render by departing from the ordinary routine of a Pre-
sident's duties and participating in the discussions which had
arisen. He had at an early stage of their proceedings recog-
nised the advantage of not adhering too closely to Parlia-
mentarv form, and he believed that by conducting the pro-
ceedings of the Convention in a somewhat informal manner
the business before them had been considerably expedited.
He desired to thank the delegates for the invariable support
which they had individually afforded to him in the Chair.
0. Gen. liotlui moved : This Convention has great pleasure
in giving expression to its high appreciation of the excellent
arrangements made by the Government of the Cape of Good
Hope, with the courteous concurrence of the President of the
Legislative Council and the Speaker of the House of Assembly,
for the convenience and comfort of the members and staffs of
the Convention during the sittings in Cape Town.
Agreed to.
7. Mr. Moor moved : This Convention desires to acknow-
ledge the courtesy and hospitality extended to it by His Wor-
ship the Mayor and the Town Council of Cape Town during
the sessions just concluded.
Agreed to.
8. Mr. Fischer moved : This Convention hereby expresses
its appreciation of the services rendered to the Secretariat
both during the Durban and the Cape Town sessions by certain
officers of the public service of the various Colonies.
Agreed to.
9. (ren. Smut* moved: The thanks of the Convention are
due to the Chief Secretary and the other Secretaries as well as
to the legal advisers whose arduous labours have so materially
contributed to the successful work of the Convention.
Agreed to.
10. On the motion of Mr. Saner,
The Convention then adjourned at a Quarter to Twelve
o'clock a.m.
250 SOUTH AFRICAN NATIONAL CONVENTION, 1908 — '09.
BLOEMFONTEIN,
Monday SRD May, 1909.
Ten o'clock a.m.
1. The Delegates assembled in the Legislative Assembly
Chamber, Houses of Parliament, Bloemiontein, in accordance
with the adjournment on the 3rd February from Cape Town.
2. All the members were present, except Sir Lewis Michell.
3. Minutes of previous meeting confirmed.
4. The President read and put in : —
(1) Letter, dated the 8th March, 1909, from His Excellency
the High Commissioner, on the subject of the provision in the
draft South Africa Act relating to the assent by the Governor-
General to Bills passed by Parliament, together with a copy
of the President's reply, dated the 16th March.
(2) Letter, dated the 12th March, 1909, from the Honour-
able Mr. Justice Kotze, forwarding a memorandum by the
Judge-President and the Puisne Judges of the Eastern Dis-
tricts Court, with reference to certain proposed amendments
in the draft South Africa Act, together with a copy of the
President's reply, dated the 16th March.
(3) Letter, dated the 3rd May, 1909, from the Prime Min-
ister of the Orange River Colony, transmitting a resolution
adopted by the Legislative Assembly of that Colony, but not
concurred in by the Legislative Council, on the necessity of
defining the terms " sparse] v populated areas " and " sparsity
and density of population.''
(4) Letter, dated the 27th .. ml, 1909, from Lord Selborne,
conveying a message to the C(> i volition from the Right Hon-
ourable the Secretary of State for the Colonies, expressing the
willingness of His Majesty's Government to receive at West-
minister any of the delegates in reference to the Bill to be
brought before the Imperial Parliament and intimating the
most convenient time for the purpose.
(5) Letter, dated the 8th March, 1909, from the Chairman
of a mass meeting of coloured citizens and registered voters
held at Wellington on the 5th March, 1909, on the subject of
the preservation of their political rights and privileges, to-
gether with a copy of the Chief Secretary's replv, dated the
24th March.
4.\. Mr. Men-iiiuni presented a petition from R. Samuels,
styling himself President of the Wynberg Coloured Men's
Political Association, praying that their rights as qualified
electors under the existing Constitution may be preserved.
5. The President, stated that the Prime Ministers of the
Cape of Good Hope, Natal, the Transvaal, and the Orange
River Colony had respectively communicated to the Chief
Secretary, in letters dated the 26th, 23rd and 7th April and
the \<\ May, the resolutions agreed to by the Parliaments of
thoM> Colonies in regard to the draft South Africa Act, and
that these resolutions and the amendments proposed by the
Cape of Good Hope, \atal, and the Orange River Colony had
MINUTES OF PROCEEDINGS. 251
been printed and circulated by the Chief Secretary in a mem-
orandum, a copy of which the President now laid on the
Table. [Printed as Appendix G — pages .'{45-'J49j.
6. Mr. Hull moved, as an unopposed motion : That the Fin-
ance Committee be reappointed, and that certain correspon-
dence which has passed between His Majesty's Government
and the Transvaal Government on the effect of the Financial
Clauses in 1 lie draft Constitution be referred to the Commit-
tee; the Committee consisting of: Cape of Good Hope, Mr.
Sauer (chairman), Mr. .Tagger; Natal, Mr. Hyslop (with Col.
Greene and Mr. Watt as alternates); Transvaal, Mr. Hull, Sir
G. Farrar; and O ran ye River Colony, Mr. Fischer, Mr.
Browne.
Agreed to.
7. A general discussion was raised on the form of procedure
lo be adopted during the present session of the Convention.
8. (j'en Sniufx moved, as an unopposed motion: That dur-
ing the Bloemfontein session the Convention meet at 10
o'clock a.m., suspend business at 11 o'clock until a quarter
past, and again from 1 o'clock p.m. until half-past 2 o'clock,
and adjourn at 5 o'clock p.m.
Agreed to.
9. With leave of the Convention, Mr. Hull made a state-
ment on the position of the South African Governments in
relation to the Conference Steamship Lines.
10. Business suspended at a quarter to 11 o'clock a.m.
Half-past tiro o'clock /).in.
Business resumed.
11. Mr. Moor moved, as an unopposed motion: That Mr.
J. M. Hershensohnn be appointed Acting Secretary for Natal
during the detention in Xatal of Mr. Plowman.
Agreed to.
12. Gen. Smuts gave notice of certain amendments to the
Draft Act proposed by the Transvaal, as follows :
Section 6.
After "them"1 insert "or any place in them."
Section 23.
In the first paragraph after "shall" insert "in respect of
the original provinces."
Section 20.
After "writing" insert "under hi^< hand."
Section 3-5.
After "so registered" insert "in the province of the Cape
of Good Hope."
Section 37, Sub-section 1 .
After "proceedings at elections" insert "election expenses,
corrupt and illegal practices."
Section 46.
After "writing" insert "under hi- hand."
Section 36.
Delete "three" and in>ert ''five.'''
252 SOUTH AFRICAN NATIONAL CONVENTION, 1908 — '09.
Section 70.
To make present section into sub-section (i) and to add a
new sub-section (ii) : •
(ii) Any person qualified to vote for the election of mem-
bers of the Provincial Council .shall be qualified to be a mem-
ber of such Council.
Section 7J.
After "elect" delete "its own" and insert "from among
its members a."
Section S3.
In sub-section (vii.) after "railways" insert "and"; after
"Harbours and" insert "other than."
Section 9o.
Delete " Chief Justices and other."
Section 98 (1).
After "Provinces" insert "and shall each be presided over
by a Judge-President."
Section 99.
At end insert " The Chief Justices of the Colonies holding
office at the establishment of the Union shall on such estab-
lishment become the Judges-President of the divisions of the
Supreme Court in the respective Provinces, but shall so long
as they hold that office retain the title of Chief Justice of their
respective Provinces."
Section 103.
In every civil case in which at the establishment of the
Union, an appeal might have been made to the Supreme Court
of any of the Colonies, from a Superior Court in any
of the Colonies, or from the High Court of Southern
Rhodesia, the appeal shall be made only to the Appellate
Division of the Supreme Court of South Africa ; except in the
case of orders given upon motions or applications. The ap-
peal from any such orders as well as any appeal in criminal
cases from any such superior Court, or the special reference
by any such Court of any point of law in a criminal case shall
be made to the Provincial Division corresponding to the Court
which before the establishment of Union would have had
jurisdiction in the matter. There shall be no further appeal
against any order or judgment given on appeal by such Pro-
vincial Division except to the Appellate Division by special
leave of such Provincial Division.
Sect in /i 114.
Delete "in the opinion of the Chief Justice of South
Africa. "
Sect in/i I'.}!).
At the beginning insert " Notwithstanding anything to the
contrary in the last preceding section."
Section 1M.
Delete "of European descent."
MINUTES OF PROCEEDINGS. 253
Section 140.
To be deleted.
Section 145.
After ytime at" insert "which he would have been entitled
by law to retire."
' 1J3. The Convention proceeded to the consideration of the
resolutions and amendments adopted by the several Parlia-
ments of South Africa, as set forth in the return laid on the
Table to-day ['Appendix (i, pages :M5-:i4yj, together with the
amendments now put in by (ieneral Smuts [pages 25 1-2-WJ,
the amendments now to be taken in sequence of sections.
On Section Six,*
Gen. Smuts moved: After "them" to insert "or of any
place in them. "
Agreed to.
On Section Twenty-three,
Gen. Smuts moved: After "shall" to insert "in respect of
the original provinces."
Agreed to.
Mr. Merrhnan moved: At the end of sub-section (ii) to omit
" for ten years " and substitute " until the completion of the
period for which the person in whose stead he is nominated
would have held his seat."
After discussion,
This amendment was put and negatived.
On Section Twenty-six,
Gen. Smuts moved: After "writing" to insert "under his
hand."
Agreed to.
On Section Thirty-two,
Mr. Hyslop moved: After the word "diminished" to
omit the words "until the total number of members of
the House of Assembly in respect of the Provinces herein pro-
vided for reaches one hundred and fifty, or until a period of
ten years has elapsed after the establishment of the Tnion,
whichever is the longer period."
t Agreed to.
On Section Thirty-three,
The President moved: In sub-sections (i) and (viij to omit
" not being members of His Majesty's regular forces on full
pay " and to insert those words at the end of sub-section (vi).
Agreed to.
On Section Thirty-five,
Gen. Smuts moved: After "so registered" to insert "in the
Province of the Cupe of (iood Hope."
Agreed to.
On Section Thirty-seven,
* The numbers of sections referred to throughout the Bloemfontein session
are those contained in the Draft Act printed as Appendix F— pages 312-.')4r>.
t The word-j here omitted were subsequently restored — see page 271. (r.R.H.
254 SOUTH AFRICAN NATIONAL CONVENTION, 1908 — '09.
Gen. Smuts moved: In sub-section (1) after "proceedings
at elections" to insert "election expenses, corrupt and illegal
practices."
Agreed to.
The Convention reverted to Section Thirty-five.
Mr. Merriman moved : To omit "who under the laws exist-
ing in the Colony of the Cape of Good Hope at the establish-
ment of the Union is or may become capable of being regis-
tered as a voter"; after "being" to omit "so," and after
"registered" to insert "as a voter."
After discussion,
This amendment was put and negatived.
On Section Thirty-eight,
Tlie President moved: To omit "who nominated him"
and substitute "of the Colony in respect of which he was
nominated. "
Agreed to.
Mr. Merriman moved : That the amendments proposed by
the Cape of Good Hope to sections 39 and 40 [Appendix G,
pages 345-349] stand over.
>S/r Percy Fitzpatrick objected.
On the motion of Sir George Farrar, the further considera-
tion of the draft South Africa Act was adjourned until to-
morrow.
14. On the motion of Mr. Saner, the Convention adjourned
at four o'clock p.m.
BLOEMFONTEIN, Tuesday 4in May, 1909.
Ten o'clock a.m.
1. All the members were present, except Sir Lewis Michell.
2. Mr. Fischer put in a certified copy of a resolution
adopted at a public meeting held in Bloemfoiitein on the 18th
March, 1909, in reference to the establishment of the most
important railway workshops of the Union in the Orange
River Colony.
By direction of the President, the resolution was read.
•'!. Consideration of amendments to draft South Africa Act
resumed.
The. Prexideiii stated that when these amendments were
under consideration yesterday it had been moved that the
amendments proposed by the Cape of Good Hope to sections 39
and 40 stand over, and that this motion had been objected to.
Gen. Snnifx moved : Thai the Convention revert to section
thirty- two.
Mr. Hyxlof) objected.
After discussion, this objection was withdrawn, and the
motion was put and agreed to.
Gen. Smuts moved: That the amendment to section thirty -
<\vo adopted ye>terday on tlve motion of Mr. Hyslop [page 253]
Fie negatived.
MINUTES OF PROCEEDINGS.
255
After discussion,
This motion was put, and the Convention divided :
"AYKS," 14.
Botha, Gen.
Burger, Gen.
DC la Key, Gen.
Fai-Mir, Sir G. H.
Fitzpatriek, Sir -T. P.
Hull, Mr.
•I agger, Mr.
Jameson, Dr.
Lindsay, Mr.
Maasdorp, Mr.
Mai an, Mr.
Smuts, Gen.
Van Heerden, Mr.
Walton, Mr.
" NOES," 1C.
Beck, Dr.
Browne, Mr.
De Villiers, Sir J. H.
De Wet, Gon.
Fischer, Mr.
Greene, Col.
Hert/og, Gen.
llyslop, Mr.
Merrinian, Mr.
Moor, Mr.
Saner, Mr.
Smartt, Dr.
Smythe, Mr.
Stanford, Col.
Steyn, Mr.
Watt, Mr.
The motion accordingly negatived.
Business suspended at eleven o'clock a.m.
Quarter- fiast eleven o'clock a.m.
Business resumed.
4. Minutes of previous meeting confirmed.
5. Consideration of amendments to draft South Africa Act
continued.
Mr. Merriman moved- That the further consideration of
section thirty-two stand over.t
Agreed to.
On Section Forty,
Mr. Fischer moved : To add the following new sub-section :
(iv) In carrying out the provisions of section thirty-nine,
and of this section the Commission shall regard areas contain-
ing one registered voter or less to the square mile as extremely
sparsely populated ; and areas containing ten registered voters
or over to the square mile as extremely densely populated.
In extremely sparsely populated areas the full fifteen per cent,
shall be deducted from the quota, and the multiple of the
•quota referred to in sub-section (ii) or this section shall be 1.
In extremely densely populated areas the full fifteen per cent,
shall be added to the quota. The Commission shall in regard
to areas not being either extremely densely or extremely
sparsely populated deal with the same as far as practicable on
a sliding scale of departure from the quota within the limit
of percentage as above fixed.
Discussion ensued.
Business suspended at one o'clock p.m.
256 SOUTH AFRICAN NATIONAL CONVENTION, 1908 — '09.
Half-pant two o'clock p.m.
Business resumed.
After discussion,
On the motion of Mr. Saner, the consideration of the
amendments to the draft Act was adjourned.
G. On the motion of Mr. Saner, the Convention adjourned
at five o'clock p.m.
BLOEMFOXTEIX, Wednesday, OTII May, 1909.
Ten o'clock a.m.
1. All the members were present, except Sir Lewis Michell.
2. Consideration of amendments to draft South Africa Act
resumed.
The, President stated that when these amendments were
under consideration yesterday a new sub-section (iv) to section
40 had been moved by Mr. Fischer, as printed on page 255 of
the Proceedings.
The President moved : To omit sub-section (ii), and sub-
stitute the following :
" (ii) Each Province shall be divided into electoral divisions
in such a manner that each such division shall, subject to the
provisions of sub-section (iii) of this section, contain a num-
ber of voters as nearly as may be equal to the quota of the
Province."
Discussion ensued.
Business suspended at eleven o'clock a.m.
Quarter-past eleren o'clock a.m.
Business resumed.
8. Minutes of previous meeting confirmed.
4. Consideration of amendments to draft South Africa Act
continued.
On the motion of Mr. Merriman, the consideration of the
amendments to the draft South Africa Act was adjourned.
5. On the motion of Gen. Botha, the Convention adjourned
at a quarter to twelve o'clock a.m. until to-morrow at ten
o'clock a.m.
BLOEMFOXTEIX, TJmr*day, GTH May, 1909.
Ten o'clock a.m.
1. All the members were present, except Sir Lewis Michell.
2. Mr. Malaii presented a petition from W. A. Krige, W.
H. Lategan, and C. W. H. Kohler, on behalf of a meeting of
wine farmers, held in Cape Town on the 14th April last, pray-
ing- ihat speedy and effective relief may be afforded to their
industry.
On the motion of Mr. Malan, the petition was read.
••!. The I* resident put in a letter, dated -30th April, 1909,
from the Most Reverend the Archbishop of Cape Town and
MINUTES OF PROCEEDINGS. 2.37
several of the clergy of other denominations on the subject of
the position and privileges of the coloured people and native
races.
Hy direction of the President, the letter was read.
I.' 'I' lie /Vr.svWr/// put in a letter, dated the 3rd instant,
from the General Secretary of the African Political Organi-
zation, forwarding copies of nine resolutions adopted at a con-
ference of the organi/ation recently held in Cape Town on
The subject of the due protection of the rights of the coloured
people in a union of South Africa.
5. Tin- I'n-snlcnt put in a letter, dated the :{()th April. 190!),
from the Resident Magistrate of Thalia' Xcho, forwarding a
petition from the native- in that district on the same subject.
(i. Consideration of amendment- to draft South Africa Act
resumed.
7'/ic /'i-cxidi'iit stated that when these amendments were
under consideration yesterday a new sub-section (ivj to section
II) had been moved by Mr. Fischer, as printed on page 255
of the Proceedings, which Mr. Fischer, with leave, now
a mended, as follows :
(iv) In carrving out the provisions of section thirty-nine
and of this section the Commission shall regard areas contain-
ing one registered voter or less to the square mile a- extremely
,-parselv populated; and areas containing ten registered voters
or over to the square mile as extremely densely populated.
The Commission shall, as far a- circumstances permit, so de-
limit the electoral divisions that in extremely sparsely popu-
lated areas the full fifteen per cent, shall be deducted from
the quota, and the multiple of the quota referred to in -uh-
section (ii) of this section -hall be 1: and that in extremely
densely populated area- the full fifteen per cent, shall be
added to the quota. The Commission shall in regard to areas
not being either extremely densely or extremely -par-ely popu-
lated deal with the same as far a- practicable on a sliding
scale of departure from the quota within the limit- of percen-
tage as above tixed.
The President further -tated that he had moved to omit -ub-
section (ii), and substitute the following:
" (ii) Each Province shall be divided into electoral divisions
in such a manner that each such division shall, subject to the
provisions of sub-section liii) of tin- section, contain a number
of voter- as nearly a- mav be equal to the quota of the
Province. "
(Mi the motion of (ien. Smuts, the further consideration of
the amendments was adjourned until the afternoon -itting.
7. (icn. Sin ut. i moved: That the following proposed new
clan-e- 12(ia and 149a be referred to the Finance Committee,
vi/. :
12b'a. Subject to the continuance of all law- in force at the
establishment of the I nion until repealed or amended bv Par-
liament, there shall be ab-olute free trade throughout the-
I nion.
2.58 SOUTH AFRICAN NATIONAL CONVENTION, 190S — '09.
l-19a. The products of any country outside the Union, the
growth or manufacture of which may be assisted directly or
indirectly by any bounty or equivalent thereto shall be sub-
ject on admission to any part of the Union to an impost at
least equal to the amount of such bounty or equivalent, the
intention being that no part of the Union shall in regard to
commerce, industry, or agriculture, be placed in a worse
position than any country without the Union.
Agreed to.
Mr. \\'u/toti moved: That the question of the new ocean
mail contract be also referred to the Finance Committee.
Agreed to.
On the motion of Sir George Farrar, Gen. Smuts was ap-
pointed an alternate for the mover on the Finance Committee.
8. On the motion of Gen. Smuts, business was suspended at
twenty minutes past ten o'clock a.m.
Half-paxt tirn o'clock p.m.
Business resumed.
9. Minutes of previous meeting confirmed.
10. Mr. Saner, as Chairman, brought up the First Report
(Bloemfontein) of the Finance Committee, reappointed by re-
solution of the Convention dated -ird May, 1909 [page 251]
as follows : —
Your Committee, having considered the matters referred
to them, beg to recommend that the following reply be sent to
the High Commissioner for transmission to the Right Honour-
able the Secretary of State for the Colonies to his telegram
on the subject of certain of the financial clauses in the Draft
Act, viz. : —
Referring to your telegram No. 2 of 16th ultimo, the South
African National Convention have considered the same, and
authorise me to say that when the financial clauses in Draft
Constitution were framed it was clear intention completely to
safeguard the rights of .stockholders of the various Colonial
loans, including the preferences enjoyed by the various stock-
holders, and if the wording of the clauses does not convey this
intention there is no objection to making it quite clear. It is
impossible to accept suggestion of Imperial Treasury that
the Guaranteed Loans should have priority on general revenue
and assets of Union. Holders of non-guaranteed stock will
naturally object to preference of guaranteed stock being ex-
tended to whole of I nion revenue and assets to the prejudice
(if their securities. The Convention consider objections rai>ed
by Treasury can be met by re-drafting financial clauses as fol-
lows : —
Sect inn /!!>.— To omit the section.
^ci-f/ttn 1'2<). — To omit "the second" and >ubst
d >ub>t it ute the follow-
MlMTKS OF I?KO( KEDIXGS. 2')1,)
12(i. The I nion shall assume all debts and liabilities of the
Colonies existing at its establishment subject to the condi-
tions imposed by any law under which such debts or liabilities
were raised or incurred, and without prejudice to any rights of
security or priority in respect of the payment of principal,
interest, sinking fund and other charges conferred on the
creditors of any of the Colonies, and may, subject to such
conditions and rights, convert, renew or consolidate Mich
debts.
It is no' intended In keep separate accounts of the trans-
ferred revenue and assets, nor can stock holders claim this
unle>s the I'nion makes default in carrying out the obligations
imposed bv ihe la\\> under which loans were raised. AS un-
der the above amendments the rights and securities of all
stock holders remain unimpaired it seems unnecessary to dis-
cuss the question of the relative assets and liabilities of the
Colonies to be united. ( 'on vent ion hope these amendments
\\ill overcome difficulties raised by Treasury and they will
accordingly give effect to them in the present sitting.
Your Committee further recommend the following amend-
ment to Section 120 of the Draft Act, vi/. : -
To omit all the words from "The Grovernor-General-
in-Council" to the end and insert the following: — "The
Governor-General-in-Conncil shall give effect to the provisions
of this section as soon a> and at such time as the ne'-es^ary ad-
ministrative and financial arrangements can he made but
in any case shall give full effect to them before the expiration
of four years from the establishment of the I'nion. During
such period if the revenues accruing to the Consolidated He-
venue Fund are insufficient to provide for the general service
of the I'nion, and if the earnings accruing to the Kailwav
and Harbour Fund are in excess of the outlays specified herein
Parliament may by law appropriate such excess or any part
1 hereof toward-^ the general expenditure of the I'nion, and all
Minis so appropriated shall he paid over to the Consolidated
Ifevenue Fund.
Mr. Sinter moved, as \\\\ unopposed motion: That the first
part of the Heport [pages 'JoS-'^o9 j be now considered.
Agreed to.
The proposed reply to the Right Honourable the Secretary
of State for the Colonies and the consequent amendments
were then put and agreed to.
Mr. Sducr moved: Thai the proposed amendment to section
l'-2!( be considered to-morrow.
Agreed to.
11. 'I In- President intimated thai an invitation had been re-
ceived from His AVorship the Mayor and the Town Council of
Bloemfontein to visit the adjacent waterworks on Saturday.
(In the motion of (ien. Smuts, it \\-as resolved to inform His
Worship that in consequence of the urgency of the wojjv sTill"1
remaining to be done the Convention would reluorffnlJjf- • '-be
obliged to decline this invitation. / ^: '"
f£ '' -
I ' •!<.?
I •
\ •
26() SOUTH AFRICAN NATIONAL CONVENTION, 1908 — '09.
12. Consideration of amendments to draft South Africa
Act continued.
After discussion.
On the motion of Mr. Hyslop, the consideration of the
amendments was adjourned.
I-'!. ( hi the motion of Mr. Malan, the Convention adjourned
at ten minutes to five o'clock p.m.
BLOKMFOXTKIX, Friday, TTH May,
'lot o'clock <i. in.
1. All the members were present, except Sir Lewis Michell.
"2. Consideration of amendments to draft South Africa Act
resumed.
///c President stated that when these amendments were un-
der consideration yesterday a new sub-section (ivj to section
40 had been moved by Mr. Fischer, as printed on page
257 of the Proceedings, and that he had moved to substitute
a new sub-section (ii) as printed on page 256 of the Proceed-
ings.
Gen. Botha moved: That Sections o"9 and 40 and all other
provisions in connection therewith be referred to a Commit-
tee consisting of two delegates appointed by the Prime Min-
ister of each Colony, and one from Rhodesia, the President
to be Chairman.
Agreed to.
• 5. The Committee was then nominated as follows: — Cape of
(jood H o/)<>, Mr. Saner, 13r. Jameson : ^\ata1, Mr. Moor, Col.
Greene; T ran Kraal, Gen. Smuts, Sir George Farrar; Oranae
Hirer Colony, Mr. Steyn, Mr. Fischer, and Rhodesia, Mr.
Coghlan.
'•}. On the motion of Mr. J agger, business was suspended
until half-past two o'clock p.m.
Quarter to three o'clock ji.in.
Business resumed.
4. Minutes of previous meeting confirmed.
5. The 1* resilient, as Chairman, brought up the report of
the Committee appointed this morning (see above), to consider
.sections •'>!) and 40 and all other provisions in connection there-
with, as follows : —
Your Committee have the honour to report that in their
opinion the amendments proposed by the President to sections
:>!) and -1(1 should be adopted. Your Committee are further of
opinion that the following amendment should be made in the
sixty-fourth >ection by adding the following after the word
"pleasure" : — -"All .Bills repealing or amending this section
o!' any of the provisions of Chapter IV. under the heading
Hoiive of Assembly ' >hall be so roerved."
\\ ith leave of the Convention,
1 he amendment proposed by Mr. Fischer to Section Forty
[page 2~>7] was withdrawn.
MINUTKS OF PROCEEDINGS.
On the motion of Mr. Saner,
The Convention reverted to Section Thirty-nine.
The President moved : To omit all the words after "return-
ing" and insert "one member."
Agreed to.
The Convention reverted to Section l('ortv.
The amendment proposed by the President [page 250] was
put and agreed to.
On Section Forty-six.
d'cn. N//M//N moved: After "writing" to insert "under hl»
hand."
Agreed to.
On Section Fifty-three.
Mr. tinner moved: In sub-section (a), after "received'' to
insert "a grant of amnesty or."
Agreed to.
Tin /'resident moved : In sub-section- (a) to omit "treason,
murder or."
Mi. \\'ntt moved: Before ''ott'ence'' to insert "crime or."
These amendments put and agreed to.
On Section Fifty-six.
(icn tiunitx moved: To omit "three" and substitute "tour."
After discussion,
This amendment was put, and the Convention divided:
"AYES" —19.
Botha, (ien.
Browne. Mr.
Burger, Gen.
l)e la Hey, Gen.
l)e Villiers, Sir -1. 11.
De Wet, Gen.
Farrar, Sir G. H.
Fit/patrick, Sir J. P.
Greene, Col.
Hertzog, Gen.
Hull, Mr.
Hyslop, Mr.
Lindsay, Mr.
Maasdorp, Mr.
Moor, Mr.
Smuts, Gen.
Smythe, M"r.
Van Heerden, Mr.
Watt. Mr.
The amendment accordingly agreed to.
.V/- <i'i/>/-i/i' I'tirrnr moved: To omit "two" pound
-t it ut e " t hree.
Agreed to.
"NOES"— 11.
Beck, Dr.
Fischer, Mr.
•Tagger, Mr.
Jameson, Dr.
Malan, Mr.
Merriman, M"r.
Saner, Mr.
Smartt, Dr.
Stanford. Col.
Steyn, Mr.
Walton, Mr.
262 SOTTII AVIUCAX NATIONAL CONVENTION, 1908 — '09.
Col. G rccnc moved : To add ''no such allowance shall bo
made to any member residing within fifty miles of the scat
of the Legislature."
This amendment was put and negatived.
On Section Sixty-four,
Tlic /'resident moved: After "Act" to insert ''and to such
instructions as may from time to time be given in that behalf
by His Majesty, his heirs or successors."
Agreed to.
The /'resident moved : After "pleasure" to insert : "All
Hills repealing or amending this section or any of the pro-
visions of Chapter IV. under the heading ' House of As-
sembly ' shall be so reserved."
Agreed to.
On Section Seventy.
Gen. Smut* moved : That this section be divided into two
sub-sections, the first remaining as printed and the second
being a new sub-section a* follows: —
(ii) Any person qualified to vote for the election of mem-
bers of the Provincial Council shall be qualified to be a mem-
ber of such Council.
After discussion,
This amendment was put and agreed to.
On Section Seventy-three,
Mr. Merriman moved: To omit '"three" years and substi-
tute ''five."
This amendment put and negatived.
On Section Seventy-five,
Gen. Smut* moved: After '"elect" to omit "its own" and
substitute "from among its members a."
Agreed to.
On Section Eighty-two.
Mr. Hijilojt moved: After "present" to omit the words
"and in case of an equality of votes the Administrator
shall have also a casting vote" and substitute "other
than the Administrator, who shall, however, have and exer-
cise a casting vote in the case of an equality of votes."
Discussion ensued.
On the motion of Mr. Fischer, the consideration of the
amendments was adjourned.
(\. On ihe motion of Mr. Fischer, the Convent ion adjourned
at ten minutes to five o'clock p.m.
HLoKMFOXTKTX. Xatunlfiy, STIL J/<///, WHf).
I en i> clock n. m .
1- All the members \vere present except Sir Lewis Michell.
Mr. Srnirr presented a petition from -1. A. Sishuba, of
Kamastone, praying that the clauses in the draft South Africa
Act relating to the coloured people may be expunged.
MIXFTKS OF PROCEEDINGS. 263
•\. Tin- President read and put in a letter from the High
Commissioner dated the -Itli instant on the subject of the posi-
tion, under Cnion, of the Land Settlement Boards in the
Transvaal and Orange Kiver Colony.
Resolved: That the President inform Lord Selborne that
the ( 'on ven< ion agrees with the views expressed by His Ex-
cellency in the letter just read.
I. Tin- I'rcxnh'iit put in a letter dated the 4th instant from
the Rev. M. (). Barratt, Wesleyan Minister at Tsoino, in
similar terms to that already put in from the Most Rev. the
Archbishop of Cape Town and others.
•">. Consideration of amendments to draft South Africa Act
resumed.
Tin- I'rcxnlcni stated that when these amendments were un-
der consideration yesterday the following amendment had
been moved by Mr. Hyslop on Section Eighty-two [page
202] : After "present" to omit the words "and in case
of an ('quality of votes the Administrator shall have
also a casting vote" and substitute "other than the Adminis-
trator, who shall, however, have and exercise a casting vote in
the case of an equality of votes."
Discussion ensued.
Business suspended at a quarter-past eleven o'clock a.m.
Half-past eJercti o'clock a. in.
Business resumed.
(i. Minutes of previous meeting confirmed.
7. Consideration of amendments to draft South Africa Act
cont inued.
• )u the motion of (yen. Hertzog, the Convention reverted to
Sect ion Seventy-eight.
Mr. ./</</</(>/• moved: After "otherwise" to omit from
"Mich number" down to "Province" and substitute "four
persons.
Agreed to.
With leave of the Convention, the amendment propo-ed by
Mr. Hyslop to Section Eighty-two page 2(>2 was withdrawn.
On Section Eighty-five,
(rfii. Sin ut.< moved: In sub-section (vin after "railway-." to
insert "and" and after "Harbours and to insert "other
than."
Agreed to.
On Section Ninety- five.
(rc/i. Snnit.'t moved: To omit "Chief .Ju-tice- and.
Agreed to.
( >n Sect ion X met v-^i \.
264 SOUTH AFRICAN NATIONAL CONVENTION, 1908 — '09.
The /'resident moved : After "shall" to omit "from time to
time be temporarily" and substitute "be," and after
"Provincial" to insert "or Local."
Agreed to.
On Section Ninety-seven.
The President moved : To omit the section and substitute
the following :
97. The Governor-General-in-Council may during the ab-
sence, illness or other incapacity of the Chief Justice of South
Africa, or any Ordinary or Additional Judge of Appeal, ap-
point any other Judge of the Supreme Court of South Africa
to act temporarily as such Chief Justice, Ordinary Judge of
Appeal or Additional Judge of Appeal as the case may be.
Agreed to.
On Section Ninety-eight.
Gen. Snit/tx moved: In sub-section (i) after "Provinces" to
insert " and shall each be presided over by a Judge-
President."
Agreed to.
On Section Ninety-nine,
Gen. Smut* moved: To add at the end "The Chief Justices
of the Colonies holding office at the establishment of the
Union shall on such establishment become the Judges- Presi-
dent of the divisions of the Supreme Court in the respective
Provinces, but shall so long as they hold that office retain
the title of Chief Justice of their respective Provinces."
Agreed to.
On Section One Hundred and Three,
Gen. Sjwits moved: That the section read as follows: —
lO-'i. In every civil case in which, at the establishment of
the Union, an appeal might have been made to the Supreme
Court of any of the Colonies from a Superior Court in any of
the Colonies, or from the High Court of Southern Rhodesia,
the appeal shall be made only to the Appellate Division r,f the
Supreme Court of South Africa ; except in cases of orders or
judgments given upon application by way of motion or peti-
tion or on summons for provisional sentence or judgments as
to costs only which by law are left to the discretion of the
Court. The appeal from any such orders or judgments as
well as any appeal in criminal cases from any such Superior
Court, or the special reference by any such Court of aiiv point
of law in a criminal case shall be made to the Provincial Divi-
sion corresponding to the Court which before the establish-
ment of I nion would have had jurisdiction in the matter.
There shall be no further appeal against any judgment given
<>n appeal by such Provincial Division except to the Appellate
Division by its special leave.
Mr. Hull moved: To omit "by its special leave" and aft^r
"except to insert "by special leave of such Provincial Div1-
sion.'
MINUTES OF PROCEEDINGS. 265
Upon which the Convention divided :
"AYES"— 1^. "NOES"— 17.
Burger, Gen. Beck, Dr.
De la Key, Gen. Browne, Mr.
Farrar, Sir G. 11. De Villiers, Sir J. H.
Fit/patrick, Sir J. I*. De Wet, Gen.
Greene, Col. Fischer, Mr.
Hull, Mr. Hert/og, Gen.
Jiyslop, Mr. .1 agger, Mr.
L'udsay, Mr. Jameson, Dr.
Moor, Mr. Maasdorp, Mr.
Smuts, Gen. Malan, Mr.
Smythe, Mr. Merriman, Mr.
Watt, Mr. Sauer, Mr.
Smartt, Dr.
Stanford, Col.
Steyn, Mr.
Van Heerden, Mr.
Walton, Mr.
This amendment accordingly negatived.
The amendment proposed by Gen. Smuts put and agreed to.
On Section One Hundred and Eight.
The President moved : To omit the section and substitute
the following :
108. The Chief Justice and other Judges of the Supreme
Court of South Africa may, subject to the approval of the
Governor-General-in-Couneil, frame rules for the conduct of
the proceedings of the several Provincial and Local Divisions.
Until Mich rules shall have been promulgated the rules in
force at the establishment of the Union in the respective
Courts which become Divisions of the Supreme Court ol
South Africa shall continue to apply therein.
Agreed to.
Business suspended at one o'clock p.m.
Hitl f- i>a*t /«•(/ o'clock fJ-'ii.
Business resumed.
( )n Section One Hundred and Twelve.
Mr. Saner moved: After ''other division" to insert "of the
Supreme Court or by any inferior Court within the Union."
After discussion.
This amendment was put and negatived.
( Mi Section One Hundred and Thirteen.
Mr. Merriman moved: After "Provincial'' to in<?rt "cr
local."
Agreed to.
On Section One Hundred and Fourteen.
Gfii. Smut* moved: To omit "in the opinion of the Chief
Juxtice of South Africa."
\yreed to.
26(5 Sorni AFKK AN NATIONAL CONVENTION, 1908 — '09.
On Section One Hundred and Eighteen,
Mr. Sauer moved : After u that inquiry'' to omit "and"
and substitute "or."
After discussion,
With leave of the Convention, this amendment was with-
drawn.
( In Section One Hundred and Twenty-nine,
Mr. Saner moved: To omit all the words from "The
Governor-General-in-Council" to the end and insert "The
Governor-General-in-Council shall give effect to >he pro-
visions of this section as soon as and at such time as the
necessary administrative and financial arrangements ran he
made, hut in any case shall give full effect to them before
the expiration of four years from the establishment of the
Union. During such period if the revenues accruing to the
Consolidated Revenue Fund are insufficient to provide for the
general service of the Union and if the earnings accruing to
the Railway and Harbour Fund are in excess of the outlays
specified herein. Parliament may by law appropriate such
excess or any part thereof towards the general expenditure of
the Union, and all sums so appropriated shall be paid over
to the Consolidated Revenue Fund."
Agreed to.
On Section One Hundred and Twenty-eight,
Mr. Watt moved: After the word "not" to omit "more"
and substitute "less."
Mr. Jagger moved : To omit "not more than.''
After discussion,
These amendments were put and negatived.
On Section One Hundred and Twenty-nine,
('of. Greene moved: After "development" to omit "'within
the Union" and after "population" to omit "in the inland
portions of" and substitute "throughout."
Dr. Jameson moved: After "inland" to insert "as well as
in the other."
Gen. Sntnfx moved: After "portions of" to insert 'all
Provinces of."
After discussion,
The la-;t amendment wa> put and agreed to.
\\ith leave of the Convention, the other amendments were
withdrawn.
On Section One Hundred and Thirty.
Gc.ii S/nul* moved: To insert at the beginning "Xotwi'h-
standing anything to the contrary in the last preceding sec-
i ion . ' '
Agreed to.
On Seel ion One Hundred and Thirtv-Hve,
Mr. Hyxlop moved: To omit all the \vunl- from "At anv
I line to 1 he end.
I'l!- amendment put and negatived.
On Section Fortv-1\vo.
MINUTES OF PROCEEDINGS. 267
(ifn. Sniuls moved: In sub-section (ij (a) to omit ''and the
number of members assigned to"; and in sub-section (iii) to
omit "and the number of members assigned to each division."
Agreed to.
On Section One Hundred and Thirty-six,
Mr. Mt'ri'i IIKIII moved : To omit "of members of the House
<>t Assembly, the Provincial (.'ouncils, and."
After discussion,
*Tliis amendment was put and agreed to.
Mr. ll\i.<l(>i> moved: To omit "and the Executive Com-
mitte<>N of the Provincial Councils. "
This amendment was put, and the Convention divided:
"AYKS"— 5. Farrar, Sir G. II.
Fischer, Mr.
(Jrccnc, Col. Fit/patrick, Sir. I. 1'.
llyslop, Mr. Hertzog, Gen.
Moor, Mr. Hull, Mr.
Smvthe, Mr. .1 agger, Mr.
Wutt, Mr. Jameson, Dr.
Lindsay, Mr.
Maasdorj), Mi'.
"NOES"— 25. Mala n, Mi.
Merrnnan, Mr.
Heck, Dr. Saner, Mr.
Hot ha, Gen. Smartt, Dr.
Browne, Mr. Smuts, Gen.
Burger, Gen. Stanford, Col.
De la Key, Gen. Steyn, Mr.
l)c Villiers, Sir .1. II. Van Heerden, Mr.
DC Wet, Gen. Walton, Mr.
The amendment accordingly negatived.
On Section One Hundred and Thirty-nine.
dfii. .^iii utx moved: To omit "of European descent."
After discussion.
This amendment was put and agreed to.
(icn. Si/nit* then moved : To omit Section One Hundred and
Forty.
Alter discussion.
With leave of the Convention, thi> motion wa- withdrawn.
/lie L'rt-xidt'Hi moved: To add at the end of Section One
Hundred and Fortv: "provided thai in the Province of the
Cape of (iood Hope the Solicitor-General for ihe Ea>1ern Dis-
trict and t lie Crown Prosecutor for Griqualand West shall
respect ivelv continue to exercise the power< and duties by law
voted in them at the time of the establishment of the Union."
(jfii. N//////.V moved: To omil "and Myled the Atlornev-
( ieneral of the Province. "
* The words "of members <>t " here omittel \VIMT subse jueiuly restored ~ec
[>ai?e 27-J. C.R.H.
268 SOUTH AFRICAN NATIONAL CONVENTION, 1908 — '09.
Mr. Moor moved : That the Convention do now adjourn,
which was put and negatived.
The amendment proposed by Gen. Smuts was then put and
negatived.
(/en. Smntx moved: After "who shall" to insert "under
the control of such Minister."
This amendment put and negatived.
The amendment proposed by the President put and agreed
to.
On the motion of Mr. Smythe, the consideration of the
amendments was adjourned.
8. On the motion of Mr. Saner, the Convention adjourned
at a quarter-past six o'clock p.m. until Monday at ten o'clock
a.m.
BLOEMFONTEIX, Monday, 10-rii May, I Of/!).
Ten o'clock a.m.
1. All the members were present except Sir William Mil-
ton, Sir Lewis Michell and Mr. Coghlan.
2. On the motion of Mr. Saner, business was suspended
until half-past eleven o'clock a.m.
Half-past clcrc'ti o'clock a.m.
Business resumed.
;5. Minutes of previous meeting continued.
4. On the motion of Mr. Fischer, the Convention then sus-
pended business until half-past twelve o'clock p.m., in order
In enable the Finance Committee to come to a decision upon
the matters referred to them.
Hfilf-paxt tirclrc o'clock />./n.
Business resumed.
5. Mr. Saucr, as Chairman, brought up the Second Report
of the Finance Committee, re-appointed by resolution of the
Convention dated the 3rd May, 1909 [page 25.1], as follows: —
Your Committee, having considered the matters referred to
them, beg to recommend as follows: —
That the following new section be added to follow Section
One Hundred and Thirty-seven:
There shall be Free Trade throughout the I'niou, but until
Parliament otherwi.se provides the duties of customs and of
excise leviable under the laws existing in any of the Colonies
a* the establishment of the In ion shall remain in force.
\ our Committee are of opinion that the subject matter of
new section l-19a should not be incorporated in the Draft Con-
stitution Act, and they understand that the question will form
the subject of inter-Colonial communication between the
Prime Minister* of the four self-governing Colonies.
Mr. Saner moved: Thai the report and the proposed new
M'ction l)c adopted.
After discussion, this motion was put and agreed to.
<i. Consideration of amendments to Draft South Africa Act
resumed.
MINTTKS OF PROCEEDINGS.
Tin- /'rrtitlfnt stated that when tlieM- amendments were
under considerati n Saturday, an amendment hud been
agreed to on Section One Hundred and Forty [pages 267-268].
On Section One Hundred and Forty-five,
(leu. Smut* moved: After "time at" to insert "\vhi<-ti lie
would have been entitled by law to retire."
Agreed to.
.)//-. Moor moved: That the following be a new section to
follow Section One Hundred and Forty-eight :
1 ISa. No law providing for the prohibition of the sale and
UM* of intoxicating liquor to natives in any of the Provinces
of the I'liion shall be altered or repealed excepting by a
majoritv of two-thinU of both Hou-.cs of Parliament sitting
together.
This amendment put and negatived.
On Section One Hundred and Forty-nine,
Col. (jrccnc moved: After "Colonies" to insert "including
the Inter-Colonial agreement dated the 2nd February, 1909."
Discussion ensued.
( )n the motion of Mr. Saner, business was suspended at
1 \\enty-five minutes past one until half-past two o'clock p.m.
Hf/lf-paxl ti/'u o dock i>.ut.
Business resumed.
Mr. Hull moved: That with reference to the Inter-Colonial
Railway Agreement, made on the 2nd February, 1909, appor-
tioning certain share of the commercial seaborne traffic to the
competitive area in the Transvaal between the Cape and Natal
ports, which agreement cannot appropriately form part of the
Constitution Act, the Convention desires to place on record
that the apportionment of traffic provided bv the said agree-
ment formed one of the inducements to I'liion, and that effect
>hould he given thereto.
With leave of the Convention, the amendment proposed bv
Colonel Greene wa> withdrawn.
Col. (,'rcf/ic then moved: To divide -ection (die Hundred
and Fortv-nine into two sub-sections, the tir>t being the sec-
tion a> now printed, and to add a new sub-section nil, viz. : —
iii) The provision-; of the Railway Agreement between the
Governments of the Transvaal, the Cape of Good Hope and
Natal, dated the 2nd February. 1909, -hall as far as practic-
able be given effect to bv the Government of the I nion.
Discussion ensued.
Col. (jri'iin laid on the Table a copv of the agreement,
dated the 2nd February, 1!HI(,). which wa> read, a- follows: —
I. Wherea^ the Transvaal Government contemplate enter-
ing into an agreement with the Government of the Province
of Mozambique, which i» to take the place of the in<nlu.<
r/remJi, and under which it i- proposed that the proportion of
the gro« tonnage of commercial seaborne y-oods (divided in
certain classes) j»a^»ing through the 1'nrt of Loiirenco Mar<iue^
270 Sot in AVIUCAN NATIONAL CONVKXTIOX, 1908 — '09.
to the competitive area sliall be limited to a minimum of oO
per cent, and to a maximum of -"i-J per cent, of the total
•TOSS tonnage' by all routes to such area.
IF. Th(> Transvaal Government agrees with the Cape and
Natal Governments respectively that with respect to the gross
tonnage of such traffic which sliall remain after satisfying the
provisions of the proposed agreement with the Portuguese
'Government the same shall be divided between the Cape and
Natal ports in the following manner: —
(a) Natal ports shall have •'!() per cent . of the total gross ton-
nage bv all routes to such area, and the Cape ports shall have
the Ivalance of such traffic. It the proportion of such traffic
via Natal ports shall rise above •')() per cent, the Cape Govern-
ment shall have the right to claim a readjustment of railway
rates from Cape and Natal ports in order to bring down the
Natal proportion of traffic to -'50 per cent., the intention being
that the •"> per cent, margin of fluctuation provided in the
Portuguese agreement shall accrue to the Cape ports, if the
traffic via Lourenco Marques shall permit it.
(b) On the other hand, should the proportion of such traffic
via Cape polls rise above 20 per cent., or the proportion of
traffic via Natal ports shall fall below '•'>() per cent., then the
Natal Government shall have the right to claim a readjust-
ment of the railway rates from Cape and Natal ports in order
to restore to Natal its -50 per cent, of traffic.
(c) Such readjustments shall take place every six months at
the end of June and December.
III. The competitive area shall mean the area between the
station- Pretoria, Springs, Krugersdorp, Vereenigiiig (inclu-
sive), and commercial seaborne goods traffic shall exclude
traffic for Civil, Military and Railway Administrations.
IV. This arrangement shall only come into operation in the
event of the Transvaal, the Cape and Natal entering into
Union, and shall continue during the operation of the pro-
posed agreement with the Portuguese Government .
Signed at Cape Town, this Second day of February, 1909.
Witness :
(1) H. H. Brand. (sd.) H. C. Hull.
Chairman. Railway Board.
C.S.A.R.
(.-) T. Hyslop. (sd.) K. M. Greene,
Minister Railways and
Harbours, Natal.
i-')) T. W. Smartt. (>(].') J. W. S.mer.
Commissioner P. \Vorl\s
Cape Colony.
'i leave of the Convention, the motion proposed by Mr.
pa<re 20!)j was withdrawn.
amendment promised by Col. Greene ["page 209] was put
MINUTES OF PROCEEDINGS. 271
The Convention reverted to Section Thirty-two standing
over [ page 255].
(ifn. Smuts moved: That the words at the end of the sec-
tion omitted on the -ird instant be restored.
Agreed to.
On Section Thirty-seven,
Dr. Itcrk moved:' To add:-
" Provided that the Government of the Union shall bear
all expenses sanctioned and allowed by the Governor-General-
in-Council in connection with the election of members of the
House of Assembly; and provided further that in case the
number of persons nominated as members of the House of As-
sembly for any division exceeds the number of persons to be
elected, the returning officer shall require payment of, or take
security for, the sum of fifty pounds sterling from or on be-
half of every person nominated, and such sums shall be for-
feited to the Treasury of the I'nion by any and every candi-
date who at the election shall receive a less number of votes
than one-fifth of the number of votes sufficient to secure the
return of a candidate at such election: and after every elec-
tion the said returning officers shall return to each of the can-
didates who shall have received a number of votes equal at
least to such fifth part, whether declared elected or not, the
money or security so paid or given by him."
After discussion,
This amendment was put and negatived.
On Section Sixty-four,
(ifn. Smuts moved: To omit " His Majesty, his heir- or
successors," and substitute " the King."
Agreed to.
On Section Thirty-seven,
Mr. Moltin moved: To omit "at" before "elections," and
substitute "in connection with."
Agreed to.
On Section Sixty-four,
(ifn. Smuts moved : After the words " House of Assembly,"
which were inserted on the 7th instant, to insert "and all Hills
abolishing Provincial Councils, or abridging the powers con-
ferred on Provincial Councils under section Eighty-five other-
wise' than iti accordance with the provisions of that -ectinn."
Agreed to.
< >n the Schedule,
Mr. Smi/tlic moved: In sub-section (18) to omit "black
and white."
Agreed to.
(Mi Section Twenty-five,
S/r I'crcy /' tf : /mt r/d: moved: In sub-section (r) to omit
" £.">()<) " and substitute " t"J50."
After discussion,
\\ith leave of the Convention, this amendment was with-
drawn.
( Mi Sect ion Ei^ht v-tive.
272 Sornr AFHICAN NATIONAL CONVENTION, 1908 — '09.
Sir d'<'(>r</c Fnri-ar moved: To omit' sub-section (iii), and
substitute :
(iii) Education, other than higher education, for such
period, not exceeding live years, as the Provincial Council
may resolve, and thereafter until Parliament otherwise pro-
vides.
After discussion,
With leave of the Convention, this amendment was with-
drawn.
On Section One Hundred and Three, as amended,
The I'rexuleiit moved : To omit " by its special leave " at
the end, and substitute i- and then only if the Appellate Divi-
sion shall have given special leave to appeal."
Agreed to.
On Section One Hundred and Five,
The President moved: After "Division" to omit "of the
Supreme Court of South Africa.''
Agreed to.
Mr. Waff moved: In Section One Hundred and Three, as
amended, and in Sections One Hundred and Four, One Hun-
dred and Seven, One Hundred and Nine, and One Hundred
and Fourteen to omit the same words.
Agreed to.
On Section One Hundred and Thirty-six,
Gen. Sin /it* moved : To restore the words " of members of,''
which were omitted on the 8th instant [page 267].
Agreed to.
7. Mr. Fi*<jier moved : That the Second lleport of the Con-
vention and the amendments to the draft Act be issued to the
public through the medium of the press without delay, after
signature of the report by the delegates.
Agreed to.
8. flic President moved : That the delegates to be appointed
by the South African Governments to proceed to London to
confer \vith the Secretary of State for the Colonies in refer-
ence to the passage of the South Africa Act through the Bri-
hsh Parliament be authorized, inter alia: —
(i) To agree to any necessary amendments* in the Act which
do not involve alterations of any of its principles.
(ii) To confer with the Secretary of State for the Colonies
-as to the Royal Instructions to be issued to the Goveruor-
General.
(iii) To draft for the guidance of the South African Govern-
ments rules and regulations for the first elections of senators,
in accordance with the provisions of the Act.
After discussion.
The motion was put and agreed to.
'». On the motion of Mr. Malan, the Convention adjourned
a) half-past six p.m. until to-morrow at half-past ten o'clock
»-• auii'iiilmcnts ;irc printed as Appendix K. page.s 3i>»)-3»!4.- G.R.H.
MINUTES OF PROCEEDINGS. 273
BLOKMFO.XTKLX, Tuesday, UTII May, 1009.
Hdlf-jjfisf ten o'clock <i.ni.
1. All the members were present, except Sir William
Milton, Sir Lewis Michell and Mr. Coghlan.
2. Mr. /'V.vr//rr moved: That it )>e left to the President to
make such dispositions as he may deem best for the safe pre-
servation of the records of the Convention, it being under-
stood that all such records shall be kept under seal, to be
opened onlv with the consent of the President.
Agreed to.
'•'>. Mr. Stei/n moved: That the copies of the Proceedings in
the possession of members be handed over to the Secretaries
of the respective Colonies, to be by them destroyed.
A fter discussion,
This motion wa> put and negatived.
4. Mr. M cm limn , as Chairman, brought up the Third Keport
of the Finance Committee, reappointed by resolution of the
('(invention, dated the -'5rd May, 1909 [page -01], as follows:
Your Committee, having considered the questions of oversea
freights and the Ocean Mail Contract, are of opinion that in
reference to the threatened increase of the export rate for
maize the Agents-General should be instructed to suspend all
negotiations on the Mail Contract until the Constitutional
Deputation reaches London, and that the Conference lines be
informed that if the maize rate is raised in the meantime such
action will be considered as un friend! v by all the South Afri-
can Governments.
On the motion of Mr. Merriman, the report was adopted.
•}. (TCII. ,s//n//s moved: That the question of the exercise of
further expenditure on Capital Account and on borrowing
powers by the several Colonies be left to the Prime Ministers.
After discussion,
\\ith leave of the Convention, this motion was withdrawn.
b'. Mr. Men -i man moved: That this Convention at its final
sitting desire> to place on record its sen->e of the unfailing tact
and courtesy of Sir Henry de Villiers, the President of the
Convention, and to tender him their > in cere and heartfelt
thanks for the services rendered by him to the cause of I nion.
Agreed to.
The /'resident said that lie greatly appreciated the vole
which had |u^t been passed, and that the distinction of having
been elected the President of tin- Convention was the greatest
honour and the highest pleasure that he had experienced, now
to be consummated bv the >igning of the draft Act of I "nion.
He must add that any success he may have achieved in pre-
siding over the ('(invention w;u> due to the cordial support he
had received from everv one of the delegate-.
7. (ren. Smuts moved: That the ('(invention place- on re-
cord its cordial thank- to Me--r-. Kilpin. Hotmevr. De Vil-
liers. Plowman and Hok and the secretarial -tatV for the
thorough and able in. inner in which the secretarial work of the
'274 SOITH AKKKAN NATIONAL CONVENTION, 1908— '09.
Convention and of the Committees of the Convention has Leon
carried out, and its sense of their loyal devotion in carrying
out their arduous duties.
Agreed to.
(S. Gen. tiiii.iil,* moved : That this Convention places on re-
cord its high appreciation of the services rendered by Messrs.
Duncan, I)e Wet, Long, Brand and W. J. van /yl, also
Messrs. Lucas, H. S. van /yl and Luckhoff, in their capacity
as advisers to the Convention and the different delegations at-
tending the Convention. The Convention has derived much
benefit from their capable and efficient advice, and its labours
have been considerably curtailed by their assistance.
Agreed to.
9. Mr. Moor moved: That the Convention also records its
1 hanks to Messrs. Hershensohnn, Murray and Luckhoff for
their valuable services as translators to the Convention.
Agreed to.
10. Gen. <S///,///x moved : That the Convention express its ap-
preciation of the valuable communications and advice of Mr.
Humphreys, Secretary to the English Proportional Represen-
tation Society, in connection with the system of proportional
representation with the single transferable vote, and that the
thanks of the Convention be conveyed to him.
Agreed to.
11. Dr. Jameson moved : This Convention desires to ack-
nowledge the hospitality extended to it by the Government of
the Orange River Colony, and to express its appreciation of
the admirable arrangements which have been made for the
work of the session in Bloemfontem.
Agreed to.
12. The Second Report [printed as Appendix II, pages 849-
354] and the draft Act as finally adopted was then submitted
for signature, and upon the adoption thereof the Convention
adjourned xine. die at a quarter-past twelve o'clock p.m.
APPENDICES.
APPENDICES.
[A]
RESOLUTIONS ADOPTED ON THE 5th MAY, 1908, BY THE INTER-
COLONIAL CONFERENCE HELD AT PRETORIA ON THE SUBJECT
OF UNION.
(a) That in the opinion of this Conference the best interests
and the permanent prosperity of South Africa can only he
secured by an early Inion, under the Crown of Great Britain,
of the several self-governing Colonies;
(b) That to the union contemplated in the foregoing resolu-
tion Rhodesia shall be entitled to admission at such time and
on Mich conditions as mav hereafter be agreed upon;
(c) That the members of this Conference agree to submit
the foregoing resolutions to the Legislatures of their respec-
tive Colonies, and to take such steps as may be necessary to
obtain their consent to the appointment of delegates to a
National South African Convention, whose object shall be to
consider and report on the most desirable form of South Afri-
can Cnion, and to prepare a draft Constitution.
(d) Tin4 Convention shall consist of not more than twelve
(12) delegates from the Cape Colony, not more than eight (8)
delegates from the Transvaal, not more than five (o) delegates
from Xatal and the Orange River Colony, respectively, and
if shall meet as soon as convenient after the next sessions of
all the Parliaments: provided that as soon as at least two
Colonies shall have appointed their delegates the Convention
shall be considered as constituted;
(e) The Convention shall publish the Draft Constitution as
soon a> po>sible, and shall, in consultation with the Govern-
ments of the self-governing Colonies, determine the further
steps to be taken 111 reference thereto:
( f ) In the Convention the voting shall be per cd/nta, and
not by States. A Chairman shall be elected from the mem-
bers who shall have the right of speaking and voting, and
in the event of an equality of votes, shall have a casting
vote.
!>7S Soi rii AFUICA.N NATIO.VAI, CONVENTION, 1908 — '09.
[B]
CONFIRMATORY RESOLUTIONS ADOPTED BY THE VARIOUS
PARLIAMENTS.
Cupe of Good Hope.
That this House concurs in the resolutions with regard to
closer union passed at the Inter-Colonial Conference on the
oth May, 1908, viz. :-
(Pretoria resolutions repeated verbatim.}
(Legislative Council, 29th June, 1908,
Minutes, p. 39.)
(House of Assembly, 22nd June, 1908,
V. and P p. 33.)
Natal.
(1) That in the opinion of this House, the best interests
and the permanent prosperity of South Africa can only be
secured by an early union, under the Crown of Great Bri-
tain, of the several self-governing Colonies.
(2) That, to the I uion contemplated in the foregoing re-
solution, Pvhodesia shall be entitled to admission at saich
time and under such conditions as may hereafter be agreed
upon .
(•')) That delegates be appointed to a National South Afri-
can Convention, whose object shall be to consider and report
on the most desirable form of South African Fnion, and to
prepare a draft constitution.
(4) The Convention shall consist of not more than twelve
delegates from the Cape Colony, not more than eight dele-
gates from the Transvaal, not more than five delegates from
Xatal and the Orange River Colony respectively, and it shall
meet as soon as convenient after the present sessions of all the
Parliaments; provided that a-s soon as at least two Colonies
shall have appointed their delegates the Convention shall be
considered as constituted.
(o) The Convention shall publish the draft Constitution as
soon as possible, and shall, in consultation with the Govern-
ments of (he self-governing Colonies, determine the further
>tcps to be taken in reference thereto.
(0) In the Convention the voting shall be per ea/iitd and
not by States. A Chairman shall be elected from the mem-
bers who shall have the right of speaking and voting, and
in the event of an equality of votes, shall have a casting vote.
(Legislative Council, 6th July, 1908,
Minutes, pp. 46 and 47.)
(Legislative Assembly, 1st July, 1908,
V. and P." pp. 95-96.)
Al'I'KXDIX 1*. 27<>
Transvaal.
This House resolves that: —
(a) TM its ojiinioii iho best interests and the permanent
prosperity of South Africa can only be secured by an early
I'liion, under the Crown of (Jreat Britain of ihe several self-
governing Colonies.
(b) To the 1'nion conteni|>lated in the foregoing resolution
Rhodesia >hall be entitled to admission at such time and on
Mich conditions as may hereafter be agreed upon.
(c) Delegates he appointed to a National South African
Convention whose object shall be to consider and report on the
most desirable form of South African union, and to prepare
a draft Constitution.
(d) The Convention shall consist of not more than (12)
twelve delegates from the Cape Colony, not more than (8)
eight delegates from the Transvaal, not more than (;">) five
delegates from Natal and the Orange River Colony, re-
spectivelv, and it shall meet as soon as convenient after the
present Sessions of all the Parliaments, provided that as soon
as ;it least two Colonies shall have appointed their delegates
ihe Convention shall be considered as constituted.
(e) The Convention shall publish the draft Constitution as
MIOII as possible, and shall, in consul! at ion with the Govern-
ments of the self-governing Colonies, determine the further
steps to he taken in reference thereto.
if) In the Convention the voting shall be per cajiitn and
not by States. A Chairman shall be elected from the mem-
bers who shall have the right of speaking and voting, and in
the event of an equality of votes shall have a casting vote.
(Legislative Council, 30th June, 1908,
Minutes, p. 8.)
(Legislative Assembly, 23rd June, 1908,
V. and P. p. 33.)
(h-tim/c Rirer Colony.
That tlii- House expresses its concurrence with the resolu-
tions on Closer I'nion and ihe Constitution of a National
South African Convention adopted bv the recent Inter-
Colonial Conference, and consents to the appointment of five
delegate^ for the Orange River Colony, to a National South
African ( 'on vent ion , whose object shall be to consider and
report on the mo>t desirable form of South African I'nion, and
l«. prepare a draft constitution in terms of the said resolutions,
such convention to meet as soon as convenient after the pre-
,-ent Melons of the Parliaments of the various colonies con-
cerned .
•House of A-emhlv. 24th June, 190S,
V. and P.. p. 84.)
2S() SOITH AFRICAN NATIONAL CONVENTION, 1908 — '09.
[CJ
APPOINTMENT 07 DELEGATES TO THE CONVENTION.
('<i/>c of (rood Hope.
Resolution of both Houses:
That the following be the delegates of this Colony to the
National Convention on the Union of South Africa, viz. : —
The Right Hon. Sir J. H. de Villiers, The Wight Hon. Dr.
L. S. Jameson, The Hon. Dr. Smartt, The Hon. E. H.
Walton, The Hon. W. P. Schreiner, Mr. J. W. Jagger,
Mr. H. C. van Heerden, Mr. G. H. Maasdorp, Dr. J. H.
M. Beck, The Hon. F. S. Malan, The Hon. J. W. Saner, and
the Hon. the Prime Minister.
(Legislative Council, 29th June, 1908,
Minutes, p. 39.)
(House of Assembly, 24th June, 1908,
V. and P., p. 48.)
Resignation of Hon. W. P. Schreiner.
(House of Assembly, 7th September, 1908,
V. and P., p 028.)
Appointment of Col. Stanford in his stead.
(House of Assembly, 7th September, 1908,
V". and P., p 628.)
Natal.
Resolution of both Houses :
That the following be appointed delegates for Natal to the
National Convention on Closer Union, viz. : *Mr. Morcom,
Mr. Hyslop, Col. Greene, The Hon. Mr. Smythe and the
Prime Minister, and that in the event of a vacancy from
anv cause whatever among these delegates the vacancy be
tilled by the Hon. Mr. Watt.
(Legislative Council, 28th July, 1908.
Minutes, p. 9-'!.)
Legislative Assembly, 28th July, 1908,
V. and P.', pp. 243-244.)
7 i'(tnx ratil .
Resolution of Legislative Assembly:
This House resolves :
(I) That the following gentlemen be appointed as the
Transvaal delegates to the National Convention on Closer
Union, vix. : Gen. S. W. Burger, Gen. J. H. de la Rev,
Sir Percy Fit/patrick, Sir George Farrar, Hon. II . C. Hull
Mr. Morcom resigned during the interval in the Cape To vvii session. December
1'Jns. to January, I !>09, and was thereupon rep'aced by Mr. Watt. — (l.R.II.
(Colonial Treasurer), Mr. H. L. Lindsay, Gen. the Hon. J .
C. Smuts (Colonial Secretary), (Jen. the Right Hon. L.
Hot ha (Prime Minister).
(2) Thai in the event of a vacancy arising from any cause
whatever among1 these delegates the Government be
authorised to h'll such vacancy.
(Legislative Assembly, (ith July, 1908,
V. and' P., p. 9(5.')
Oratnje l\tr<r Colony.
That this House do now proceed to appoint, five delegates
to the Convention on Closer Union, in terms of the resolution
unanimously adopted on the 21th instant, and, accordingly,
appoint the Hon. M. T. Steyn, Sir John Eraser, Gen. C. U.
de Wet, (Jen. J. H. M. Hert/og, and the Prime Minister as
such delegates, and further resolves that in the event of any
vacancy or vacancies occurring in the delegation the Govern-
ment be authorised to fill the same.
(House of Assembly, 3rd July, 1908,
V. and"?., ]>. 133.)
designation of Sir John Fraser,
(House of Assembly, 19th August, 190S,
V. and P., p. 390.)
Appointment of the Hon. A. Browne in his stead.
(House of Assembly, 19th August, 1908,
V. and P., p. 390.)
[D]
APPOINTMENT OF REPRESENTATIVES FOR SOUTHERN RHODESIA.
Minute.
The Administrator of Southern Rhodesia, with the advice
of iht1 Executive Council, lias approved of the appointment of
the following as representatives of the territory of Southern
Rhodesia at the Closer Union Convention to be held at
Durban on the 12th October, 1908.
Sir William Henry Milton, K.C.M.G.
Hon. Sir Lewis Loyd Michell, Kt.
Charles Patrick Coghlan, Esq., M.L.C.
W. H. MILTON,
Administrator.
A. H. HOLLAND,
Acting Clerk of Council^.
Salisbury,
2nd ( Ictober. 1908.
*282 SOITH AFRICAN NATIONAL CONVENTION, 1908 — '09.
[E]
DRAFT ACT AS BROUGHT UP BY THE DRAFTING COMMITTEE.
Whereas, it is desirable for the welfare and future pro-
gress of South Africa that the several British Colonies therein
should he united under one Government in a legislative Union
under the Crown of Great Britain and Ireland.
And whereas it is expedient to make provision, for the
I nion of those Colonies which may voluntarily assent thereto
and to define the executive, legislative and judicial powers to
be exercised in the Government of the Union.
And whereas it is expedient to make provision for the
establishment of Provinces with powers of legislation and ad-
ministration in local matters and in such other matters as may
be specially reserved for provincial legislation and adminis-
tration.
And whereas it is expedient to provide for the eventual
admission into the Union as Provinces or Territories of such
parts of South Africa as are not originally included in such
Union.
lie it therefore enacted, etc.
/. Preliminary.
1. This Act may be cited as the South Africa Act 19
2. In this Act the words " the Union " shall, unless it is
otherwise expressed or implied, be taken to mean South Africa
as constituted under this Act.
•']. The provisions of this Act referring to the King shall ex-
tend to His Majesty's heirs and successors in the Sovereignty
of the United Kingdom, of Great Britain and Ireland.
//. The Union.
4. It shall be lawful for the King, with the advice of the
Privy Council to declare by Proclamation that, on and after
a day therein appointed, not being later than one year after
the passing of this Act, am* two or more of the Colonies of
the Cape of Good Hope, Natal, the Transvaal and the Orange
liiver Colony, hereinafter called the Colonies, which shall,
before the passing of this Act, or thereafter before the date
of Mich Proclamation, have agreed thereto either by Act or
by resolutions of their respective Houses of Parliament shall
be united in a legislative union under one Government under
the name of South Africa. On and after the day appointed
bv such Proclamation the Government and Parliament of the
I moil shall have full power and effect within the limits of the
Colonies which shall have so agreed, but the King may at any
time after the Proclamation appoint a Governor-General for
the I n ion .
•». The subsequent provisions of this Act shall, unle>s ii i<
otherwise expressed or implied, take effect on and after the
da v >< i a ppointed .
Al'I'KMMX K.
fi. Such of the Colonies a< shall have agreed to enter the
Union before the date of the Proclamation mentioned in Sec-
tion/o///- shall become original provinces of the Union under
the names of Cape of Good Hope, Natal, Transvaal and
Orange, as the case mav be. The original provinces shall
have the same limits as the respective Colonies at the estab-
lishment of the Union. If auv of the Colonies do not become
original provinces, all provisions in respect of them contained
in this Act shall be inoperative, and it shall not be competent
for them to enter the Union except in the manner hereinafter
provided for the admission into the Union of new Provinces.
///. K. rec ut ire Government.
7. The Executive Government of South Africa is vested in
the King, and shall be administered by the Sovereign in per-
son, or by a Governor-General as his representative.
S. The Governor-Genera] shall be appointed by the King,
and shall have and mav exercise in the I'nion during the
King's pleasure, but subject to this Act, such powers and
functions of the King as His Majesty may be pleased to assign
to him.
9. There shall be payable to the King out of the Consoli-
dated Revenue Fund of the Union for the salary of the Gover-
nor-General an annual sum, which shall be
The salary of the Governor-General shall not be altered
during his continuance in office.
10. The provisions of this Act relating to the Governor-
General extend and upply to the Governor-General for the
time being, or such person as the King may appoint to ad-
minister the Government of the I'nion, but no such person
shall be entitled to receive any salary from the Union in re-
spect of any other office during his administration of the
Government of the Union.
11. There shall be an Executive Council to advise the
Sovereign or his representative in the Government of the
Union, and the members of the Council shall be chosen and
summoned by the Governor-General, and sworn as Executive
Councillors and shall hold office during his pleasure.
\'2. The provisions of this Act referring to the Governor-
Geueral-in-Counei] shall be construed as referring to the
Governor-General acting with the advice of the Executive
( 'ouncil.
l-'5. The Governor-General may appoint officers not exceed-
ing ten in number to administer such departments of Slate
of the Union as the Governor-General-in-Couiicil mav estab-
lish: such officers shall hold office during Hie pleasure of the
Governor-General. They shall be members of the Executive
Council, and -hall be the King'- Ministers of State for the
Union.
After the fir-t general election of members of the House
of A--embly a- hereinafter provided, no Minister shall hold
284 SorTii AFRICAN NATIONAL CONVENTION, 1908 — '09.
office for a longer period than three months unless he is or
heroines a member of either House of Parliament.
14. The appointment and removal of all officers of the public
service of the Union shall be vested in the Governor-General-
in-Counril, unless the appointment is delegated by the Gov-
ernor-General-in-Conncil or bv I his Act or by a law of Parlia-
ment to some other authority.
15. All [towel's, authorities and functions, which at the es-
tablishment of the Union are in any of the Colonies vested in
the Governor or in the Governor-in-Council shall as far as the
same continue in existence and are capable of being exercised
after the establishment of the I'nion be vested in the
Governor-General or in the Governor-General-in-Council, as
the case may be, except such powers and functions as are by
this Act or may by a law of Parliament be delegated to some
other authority.
16. The Command-in-Chief of the Xaval and Military forces
within the I'nion is vested in the King or in the Governor-
Geueral as his representative.
IV. Parliament.
17. The legislative power of the Union shall be vested in a
Parliament to be styled the Parliament of South Africa, which
shall consist of the King, a Senate and a Legislative Assembly.
18. The Governor-General may appoint such time for hold-
ing the sessions of Parliament as he thinks fit, and may also
from time to time, by proclamation or otherwise, prorogue
Parliament, and may in like manner dissolve the Senate and
the Legislative Assembly simultaneously or the Legislative
Assembly alone. Provided that the Senate shall not be dis-
solved within a period of ten years after the establishment of
the Union, and provided further that the dissolution of the
Senate shall not affect any Senators nominated by the Gover-
nor-General-in-Conncil.
19. Parliament shall be summoned to meet not later than
six months after the establishment of the Union.
'JO. There shall be a session of Parliament once at least
in every year, so that a period of twelve months shall not inter-
vene between the last sitting of Parliament in one session.
and its first sitting 111 the next session.
The
'21. For ten years after the establishment of the Union and
thereafter until Parliament otherwise provides the constitution
of the Senate shall in respect of the original provinces he as
fol lows : —
ia) Eight senators shall he nominated by the Governor-
General-in-Coimeil, and for each original province eight sena-
tors >hal! be elected in the manner hereinafter provided.
hi The senators to he nominated bv the Governor-General-
in-Council shall hold their scats for ten vears. (hie-half of
'heir number shall he selected on the ground mainlv of their
APPENDIX E. 28o
thorough acquaintance by reason of their official experience
or otherwise with the reasonable wants and wishes of the
coloured races in South Africa.
If the scat of a senator so nominated becomes vacant the
Governor-General-iii-Couneil shall select in the same manner
a person to hold the seal until the completion of the period for
which the person in whose stead he is nominated would have
held the same.
(c) The election of senators for each province shall lake
place in the following manner: — After the passing of this
Act, and before the day appointed for the establishment of the
Union, the two Houses of the Legislature of each Colony sit-
ting together as one body and presided over by the Speaker
of the Legislative Assembly shall, according to the principle
of proportional representation with the single transferable
vole, under regulations in that behalf to be framed by the
Governor-General of such Colony, elect eight persons to be
senators for the province. Such senators shall hold their
seats for ten years. It the seat of a senator so elected shall
become vacant the Provincial Council of the Province for
which such senator has been elected shall choose a person to
hold the seat until the completion of the period for which
the pen-on in whose stead he is elected would have held his
seat.
'22. Parliament mav provide for the manner in which the
Senate shall be constituted after the expiration of ten years,
and unless and until such provision shall have been made the
senators for each province shall be elected by the Provincial
Council of such Province according to the principle of pro-
portional representation with the single transferable vote, and
they shall hold their seats for a period of ten years. In case
of a vacancy occurring before the expiration of such period
the Provincial Council shall in like manner elect a per.-on
to till the vacancy.
'J;>. The qualifications of a senator shall be as follows: —
He must : —
(i\} be thirty years of age:
(b) be qualified to be registered as a voter in one of the
provinces ;
(c) have resided for five years within the limits of the
I nion a< existing at the time when he is elected or nominated
as t lie ca>e mav be.
(d) be a British subject of European descent:
le) in the ca>e of an elected senator be the registered owner
of immovable property within the I'nion of the value of not
le>s than £1,000 over and above any conventional, or >pecial
mortgage> thereon.
'21. The Senate shall before proceeding to the di>patch of
any other business choose a senator to be the President of the
Senate and a> often a< the office of President becomes vacant
the Senate shall again choose a M-nator lo be the President.
The President shall cease to hold office if he ceases to be a
Sen TII AFRICAN NATIONAL CONVENTION, 1908 — '09.
Senator. Ho may be removed from office by a vole of the
Senate, or lie may resign hi- office by writing addressed to the
Governor-General.
^5. Before or during any absence of the President the
Senate may choose a senator to perform his duties iu his
absence.
^6. A senator mav by writing under his hand, addressed to
tlie Governor-General, resign his -eat, which thereupon shall
become vacant. The Governor-General shall thereupon cause
-teps to be taken to have the vacancy tilled.
~7. The presence of at lea-t twelve senators shall be neces-
sarv to constitute a meeting of the Senate for the exercise of
its powers.
2(S. All questions in the Senate shall be determined by a
majority of votes of Senators present other than the President
or the presiding Senator, who -hall, however, have and exer-
cise a casting vote in the ca-e of an equality of votes.
Legislative A ssembly.
'-29. The Legislative Assembly -hall be composed of mem-
bers directly chosen by the voters of the Union in electoral
divisions delimited as hereinafter provided.
•')(). The number of member- to be elected in the original
provinces at the first election and until the number i< altered
in accordance with the provisions of this Act -hall be as
follows : —
Cape of (-rood Hope 51
Natal 17
Transvaal '•'>(>
Orange 17.
The-e numbers may be. increased as provided in the next
succeeding section, but shall not in the case of any original
province be diminished until the total number of members of
the Legislative Assembly in respect of the provinces herein
provided for reaches 150.
•'51. The number of members to be elected in each province
as provided in section thirty shall be increased from time to
time as may be necessary in accordance with the following pro-
visions : —
(i) The quota of the Union shall be obtained by dividing
the total number of European male adults in the Union, not
being members of His Majesty's Regular Forces on full pay
as ascertained at the Censu- of 1904, by the total number of
members of the Legislative Assembly a- constituted at the es-
tablishment of the Union.
(ii) In 1911 and every five year- Thereafter a Uen-u- of the
European population of the Union shall be taken for the pur-
po-es of thi< Act.
nil After every -uch Cen-us the number of European male-
adults in each province shall be compared with the number
of European male adult- a- ascertained at the Census of 1904,
Al'1'K.XDIX K. 2^~
and in the case of any province where an increase is shown,
equal to the quota of the Union or any multiple thereof, an ad-
ditional member shall be allotted to such province or an addi-
tional number of members equal to such multiple as the case
may be.
(iv) Notwithstanding anything herein contained, no addi-
tional member shall be allotted to any province until the total
number of European male adults in such province exceeds the
quota of the I'nion multiplied by the number of members al-
lotted to such province for the time being, and thereupon addi-
tional members shall be allotted to such province in respect
only of such excess.
(v) As soon as the number of members of the Legislative
Assembly to be elected in the original provinces in accordance
with the preceding sub-sections reaches the total of 150, such
total shall not be further increased unless and until Parlia-
ment otherwise provides; and notwithstanding anything in
this and the last preceding sections the distribution of mem-
bers among the provinces shall be such that the proportion
between the number of members to be elected at any time in
each province and the number of European male adults in
.such province as ascertained at the last preceding Census shall
its far as possible be identical throughout the Union.
•52. If any of the Colonies does not become an original pro-
vince the number of members to which the Legislative Assem-
bly may be increased shall be reduced by the number of mem-
bers assigned to the corresponding province in section thirty.
•W. Parliament may, by law, prescribe the qualifications
which shall be necessary to entitle persons to vote at the elec-
tion of members of the Legislative Assembly, but no such law
shall disqualify any person in the province of the Cape of
Good Hope who, under the laws existing in the Colony of the
•Cape of Good Hope at the establishment of the Union, is or
may become capable of being registered as a voter from being
so registered by reason of his race or colour onlv, unless the
bill be passed by both Houses of Parliament sitting together
and at the third reading be agreed to by not less than two-
thirds of the total number of members of both Houses.
:>4. Subject to the provisions of the last preceding section
the qualifications of Parliamentary voters as existing in the
several Colonies at the establshment of the Union shall be the
qualifications necessary to entitle persons in the correspond-
ing provinces to vote for the election of members of the Legis-
lative Assembly. Provided that no member of His Majesty'^
Regular Forces on full Day shall be entitled to be registered
as a voter.
•'!•). Xo person who prior to the passing of any such law
shall be registered as a voter in any province shall be removed
from the register by reason only of any disqualification based
on race or colour.
•'!(). (i) Subject to the provisions of this Act. the laws in
force in the Colonies at the establishment of the ( nion relat
2H8 SOTTII AFRICAN NATIONAL CONVENTION, 1908 — '09.
ing to clcctioiis for the more numerous Houses of Parliament
in such Colonies respectively, the registration of voters, the
oaths or declarations to l>e taken by voters, returning officers,
their powers and duties, the proceedings at elections, the hear-
ing of election petitions and the proceedings incident thereto,
the vacating of seats of members and the proceedings neces-
sary for tilling such vacancies shall inutatix tiuit<tndix apply to
the elections in the respective provinces of members of the
Legislative Assembly.
(ii) Notwithstanding anything to the contrary in any of
the said laws contained, at any general election of members
of the Legislative Assembly the date of the nomination of per-
sons proposed as members thereof shall be the same in all elec-
toral divisions of the Union, and all polls shall be taken on
the same day in all such divisions throughout the Union.
oT. The election of members of the Legislative Assembly
shall be according to the principle of proportional representa-
tion with the single transferable vote.
38. The Governor-General-in-Council shall frame regula-
tions prescribing the method of voting and of transferring
and counting votes, and the duties of returning officers in con-
nection therewith, in all cases in which elections taking place
after the establishment of the Union are by this Act directed
to be according to the principle of proportional representation
with the single transferable vote, and such regulations after
being duly promulgated shall have full force and effect unless
and until Parliament shall otherwise provide.
39. Between the date of the passing of this Act and the
date fixed for the establishment of the Union the Governor-m-
Coimcil of each Colony shall nominate a Judge of any of the
Supreme or High Courts of the several Colonies, and the
Judges so nominated shall form a Joint Commission for the
purpose of the first division of the provinces into electoral
divisions. The Commission shall forthwith proceed with the
discharge of its duties, and may appoint persons in any pro-
vince to assist it or to act as assessors with the Commission or
with individual members thereof for the purpose of inquiring
into any question arising in such province.
40. The Commission shall divide each Province into elec-
toral divisions, each returning three or more members, pro-
vided that in special cases of sparsely populated areas the Com-
mission may delimit divisions in which less than three mem-
bers shall be returned.
41. (ij For the purpose of such division as is iu the last
preceding section mentioned the quota of each Province shall
be obtained by dividing the total number of voters in the
provinces as ascertained at the last registration of voters by the
number of members of the Legislative Assembly to be elected
I herein .
(ii) Each province shall be divided into electoral
divisions, so that the number of voters in each division shall,
subject to the provisions of sub-section (iii), be a multiple of
APPENDIX E. 2BU
the quota, and the number of members to be elected therein
shall be equal to such multiple.
(iii) The Commissioners shall give due consideration to
(a) community or diversity of interests;
(b) means of communication;
(c) physical features ;
(d) existing electoral boundaries;
(e) sparsity or density of population ;
in such manner that, while taking the quota of voters as the
basis of division, the Commissioners may, whenever they deem
it necessary, depart therefrom, but in no case to any greater
extent than 15 per cent, more or 15 per cent, less than the
quota.
42. As soon as may be after every quinquennial census the
Governor-General-in-Council shall appoint a Commission con-
sisting of three Judges of the Supreme Court of South Africa
to carry out any redivision which may have become necessary
as between the different electoral divisions in each Province,
and to provide for the allocation of any additional members to
which such province may have become entitled under the pro-
visions of this Act. In carrying out such re-division and al-
location the Commission shall have the same powers and pro-
ceed upon the same principles as in the original division.
43. (i) The Joint Commission constituted under section
thirty-nine and any subsequent Commission appointed under
the provisions of the last preceding section shall submit to the
Governor-General-in-Council : —
(a) A list of electoral divisions, with the names given to
them by the Commission, and a description of the boundaries of
every such division.
(b) A map or maps showing the electoral divisions into
which the provinces have been divided.
(c) Such further particulars as they consider necessary.
(ii) The Governor-General-in-Council may refer to the Com-
mission for its consideration any matter relating to such list,
or arising out of the powers or duties of the Commission.
(iii) The Governor-General-in-Council shall proclaim the
names and boundaries of the electoral divisions as finally set-
tled and certified by the Commission or a majority thereof,
and thereafter, until there shall be another redivision, the elec-
toral divisions as named and defined shall be the electoral
divisions of the provinces.
(iv) If any discrepancy shall arise between the description
of the divisions and the aforesaid ma]) or maps, the description
shall prevail.
44. Any alteration in the number of members of the Legis-
lative Assembly to bo elected in the several provinces, and any
redivision of the provinces into electoral divisions shall come
into operation at the next general election held after the com-
pletion of the redivision or of any allocation consequent upon
such alteration, and not earlier.
L
290 So i -TII .VFKICAN NATIONAL CONVENTION, 1908 — '09.
45. The qualifications of a member of the Legislative As-
sembly shall be as follows : —
(i) He must be qualified to be registered as a voter for the
election of members of the Legislative Assembly in an elec-
toral division of the Union.
(ii) Have resided for five years within the limits of the
Union as existing at the time when he is elected.
(ii) Be a British subject of European descent.
46. Every Legislative Assembly shall continue for five
years from the first meeting of the House and no longer, but
mav be sooner dissolved by the Governor-General.
47. The Legislative Assembly shall, before proceeding to
the dispatch of any other business, choose a member to be the
Speaker of the House, and as often as the office of Speaker be-
comes vacant the House shall again choose a member to be
the Speaker.
The Speaker shall cease to hold his office if he ceases to
be a member. He may be removed from office by a vote of
the House, or he may resign his office or his seat by writing
addressed to the Governor-General.
48. Before or during the absence of the Speaker the Legis-
lative Assembly may choose a member to perform his duties
in his absence.
49. A member may by writing or telegram addressed to the
Speaker or, if there is 210 Speaker or if the Speaker is absent
from the Cnion, to the Governor-General resign his seat, which
shall thereupon become vacant.
50. The presence of at least thirty members of the Legisla-
tive Assembly shall be necessary to constitute a meeting of
the House for the exercise of its powers.
51. All questions in the Legisative Assembly shall be deter-
mined by a majority of votes of members present other than
the Speaker or presiding member, who shall, however, have
and exercise a casting vote in case of an equality of votes.
Botli Houses of Parliament.
52. Every senator and every member of the Legislative As-
sembly shall before taking his seat make and subscribe before
the Governor-General or some person authorised by him, an
oath or affirmation of allegiance in the following form : —
OATH.
I, A.B., do swear that I will be faithful and bear true
allegiance to His Majesty King Edward the Seventh, His
heirs and successors according to law. So help me God.
AFFIRMATION.
I, A.U., do solemnly and sincerely affirm and declare
that 1 will be faithful and bear true allegiance to His Majesty
King Kdward the Seventh, His heirs and successors according
to law.
•>•'). A member of either House of Parliament shall be incap-
;il>le of IxMii"1 chosen or of sitting as a member of the other
APPENDIX E. 291
House, provided that every Minister of State who is a member
of either House of Parliament shall have the right to sit and
speak in the Senate and the Legislative Assembly, but shall
vote only in the House 01 which he is a member.
54. No person shall be capable of being chosen or of sitting
as a senator or as a member of the Legislative Assembly
who : —
(i) is a member of any Provincial Council;
(ii) has been at any time convicted of treason, murder or
any infamous crime, and sentenced to imprisonment without
the option of a fine, unless he shall have received a free pardon
or unless such imprisonment shall have expired at least five
years before the date of his election ;
(iii) is an unrehabilitated insolvent;
(iv) has been declared a person, of unsound mind by a com-
petent Court ;
(v) holds any office of profit under the Crown within the
Union: Provided that the following persons shall not be
deemed to hold an office of profit under the Crown for the pur-
poses of this sub-section :
(a) a Minister of State for the Union :
(b) a person in receipt of a pension from the Crown ;
(c) an officer or member of His Majesty's Xaval or Military
Forces on retired or half pay.
55. If a senator or member of the Legislative Assembly
(i) becomes subject to any of the disabilities mentioned in
the last preceding section ; or
(ii) ceases to be qualified as required by law; or
(iii) shall fail for a whole ordinary session to attend with-
out the special leave of the Senate or the Legislative Assembly,
as the case may be.
his seat shall thereupon become vacant.
56. If any person who is by law to be incapable of sitting
as a senator or member of the Legislative Assembly shall
while so disqualified, and knowing or having reasonable
grounds for knowing that he is so disqualified, sit or vote as a
member of the Senate or the Legislative Assembly, such per-
son shall be liable to a penalty of one hundred pounds for each
day on which he shall so sit or vote to be recovered on behalf
of the Treasury of the Union by action in any Superior Court
of the Union.
57. Each senator and each member of the Legislative As-
sembly shall receive an allowance of three hundred pounds a
year under such rules as shall be framed by Parliament, to be
reckoned from the date on which he takes his seat : provided
that for every day of the session on which he is absent there
shall be deducted from such allowance the sum of two
pounds; provided further that no such allowance shall be paid
to a Minister receiving a salary under the Crown or to the
President of the Senate or the Speaker of the Legislative As-
sembly. A day of the session shall mean in respect of a mem-
ber any day during a session on which the House of which.
L 2
292 SOITTII AFRICAN NATIONAL CONVENTION, 1908 — '09.
lie is a member or any committee of which he is a member
meets.
58. The powers, privileges and immunities of the Senate
and of the Legislative Assembly and of the members of the
committees of each House shall, subject to the provisions of
this Act, be such as are declared by Parliament, and until de-
clared shall be those of the House of Assembly of the (Jape
of Good Hope and of its members and committees at the estab-
lishment of the Union.
59. Each House of Parliament may make rules and orders
with respect to the order and conduct of its business and pro-
ceedings. Until such rules and orders shall have been made
the rules and orders of the Legislative Council and House of
Assembly of the Cape of Good Hope at the establishment of
the Union shall mutatis mutandis apply to the Senate and
Legislative Assembly respectively. In the case of a joint
sitting of the two Houses the Speaker of the Legislative As-
sembly shall preside, and the rules of the Legislative Assembly
shall as far as practicable apply.
Poiccrs of Parliament.
60. Parliament shall have full power to make laws for the
peace, order and good government of South Africa.
61. Bills appropriating revenue or moneys or imposing
taxation shall originate only in the Legislative Assembly. But
a bill shall not be taken to appropriate revenue or moneys or
to impose taxation by reason only of its containing provisions
for the imposition or appropriation of fines or other pecuniary
penalties under the bill.
The Senate may not amend any bills, so far as they impose
taxation or appropriate revenue or moneys for the services of
the Government.
The Senate may not amend any bill so as to increase any
proposed charges or burden on the people.
62. Any bill which appropriates revenue or moneys for the
ordinary annual services of the Government shall deal only
with such appropriation.
63. The Legislative Assembly shall not originate or pass
any vote, resolution, address or bill for the appropriation of
any part of the public revenue or of any tax or impost to any
purpose unless such appropriation has been recommended by
message from the Governor-General during the session in
which such vote, resolution, address or bill is proposed.
64. If the Legislative Assembly passes anv bill and the
Senate rejects or fails to pass it or passes it with amendments,
to which the Legislative Assembly will not agree and upon
which the Senate insists, the Governor-General may convene
a joint sitting of the members of ihe Senate and Legislative
Assembly.
The members present at any such joint sitting mav
deliberate and shall vote together upon the bill as last proposed
]>y the Legislative Assembly and upon amendments, if any,
APPENDIX E. 293
which liave been made therein by the one House of Parliament
and not agreed to by the other, and any such amendments
which are affirmed by a majority of the total number of mem-
bers of the Senate and Legislative Assembly present at such
sitting shall be taken to have been carried, and if the bill
with <lie amendments, if any, is affirmed by a majority of the
members of the Senate and Legislative Assembly present at
such sitting it shall be la ken to have been dulv passed by
Parliament.
65. When a bill is presented to the Governor-General for
the King's assent, he shall declare according to his discretion,
but subject to the provisions of this Act, that he assents in the
King's name or that he withholds assent or that he reserves the
bill for the signification of the King's pleasure.
The Governor-General may return to the House in which it
originated any bill so presented to him, and may transmit
therewith any amendments which he may recommend, and the
House may deal with the recommendation.
0(5. The King may disallow any law within one year after it
has been assented to by the Governor-General, and such dis-
allowance, on being made known by the Governor-General by
speech or message to each of the Houses of Parliament or by
proclamation, shall annul the law from the day when the dis-
allowance is so made known.
07. A bill reserved for the King's pleasure shall not have
any force unless and until within one year from the day on
which it was presented to the Governor-General for the King's
assent the Governor-General makes known by speech or mes-
sage to each of the Houses of the Parliament or by proclama-
tion that it has received the King's assent.
OS. As soon as may be after any law shall have been as-
sented to in the King's name by the Governor-General or, hav-
ing been reserved for the King's pleasure, shall have received
his assent, the Clerk of the Legislative Assembly shall cause
two fair copies of such law, one being in the English and the
other in the Dutch language, and one of which copies shall be
signed by the Governor-General, to be enrolled of record in the
office of the Registrar of the Appellate Division of the Su-
preme Court of South Africa, and such copies shall be con-
clusive evidence as to the provision^ of every such law: and
in case of conflict between the two copies thus deposited that
signed by the Governor-General shall prevail.
THE PROYIXCKS.
Administrator*.
09. fi) In each Province there shall be a Chief Executive
Officer appointed by the Governor-General-in-Council, who
shall be styled the Administrator of the Province, and in
whose name all executive acts relating to provincial affairs
therein shall be done.
(ii) In the appointment of the Administrator of any Pro-
vince the Governor-General-in-Council shall, as far as prac-
294 Sorru AFKICAX NATIONAL CONVENTION, 1908 — '09.
ticable, give preference to persons resident ill such Province.
(iii) Such Administrator shall hold office for a term of five
years and shall not be removed before the expiration thereof
except by the Governor-General-in-Council for cause assigned,
which shall be communicated by message to both Houses of
Parliament within one week after the removal if Parliament
be then sitting, and if Parliament be not sitting then within
one week after the commencement of the next ensuing session.
(iv) The Governor-General-in-Council may from time to
time appoint a Deputy Administrator to execute the office
and functions of the Administrator during his absence, illness
or other inability.
70. The salaries of the Administrators shall be fixed and
provided by Parliament and shall not be reduced during their
respective terms of office.
Provincial Councils.
7.1. There shall be a Provincial Council in each Province
consisting in the original provinces of the same number of
members as are elected for the Legislative Assembly in the
Province : provided that in any province whose representatives
in the Legislative Assembly shall be less than twenty-five, the
Provincial Council shall consist of twenty-five members.
72. The members of the Provincial Council shall be elected
by the persons qualified to vote for the election of members of
the Legislative Assembly in the province, voting in the same
electoral divisions as are delimited for the election of mem-
bers of the Legislative Assembly, and according to the prin-
ciple of proportional representation with the single transfer-
able vote : provided that in any province in which less than
twenty-five members are elected to the Legislative Assembly
the delimitation of the electoral divisions and any necessary
re-allocation of members or adjustment of electoral divisions
shall be effected by the same Commission and on the same
principles as are prescribed in regard to the electoral divisions
for the Legislative Assembly. The elections shall take place
at such times as the Administrator shall by proclamation
direct, and the provisions of section thirty-six applicable to the
election of members of the Legislative Assembly shall mutatis
mutandis apply to such elections.
73. The provisions of sections fifty-four and fifty-five rela-
tive to members of the Legislative Assembly shall mutatis
mutandis apply to members of the Provincial Councils.
74. Each Provincial Council shall continue for three years
from the date of its first meeting, and shall not lie subject to
dissolution save by cffiuxion of time.
7"). The Administrator of each Province shall by procla-
mation fix such times for holding the sessions of the Pro-
vincial Councils ;i> he may think fit, and may from time to
time prorogue Mich Council: provided that there shall be a
session of every Provincial Council once at least in every year,
so that mi greater period than twelve calendar months shall
APPENDIX E. 29.5
intervene between the last sitting of the Council in one ses-
sion and its first sitting in the next.
76. The Provincial Council may elect its own Chairman and
may make rules for the conduct of its proceedings. Such
rules shall be transmitted by the Administrator to the Gov-
ernor-General and shall have full force and effect unless and
until the Governor-General-in-Council shall express his dis-
approval thereof by writing addressed to the Administrator.
77. The members of the Provincial Council shall receive
such allowances as shall be determined by the Governor-
General-in-Council .
78. There shall be freedom of speech in the Provincial
Council, and such freedom of speech shall not be liable to be
impeached or questioned in any Court or place out of such
Council.
E.rccittt re Committees.
79.(i) Each Provincial Council shall at its first meeting
after any general election elect from among its members, or
otherwise according to the principle of proportional represen-
tation with the single transferable vote, such number of per-
sons not being less than three nor more than five, as the
Governor-General-in-Council may prescribe in respect of such
Province, to form with the Administrator an Executive Com-
mittee for the Province. The members of the Executive
Committee other than the Administrator shall hold office until
the election of their successors in the same manner.
(ii) Such members shall receive such remuneration as the
Provincial Council, with the approval of the Governor-Gen-
eral-in-Council, shall determine.
(iii) A member of the Provincial Council shall not be dis-
qualified from sitting as a member by reason of his having
"been elected as a member of the Executive Committee.
(iv) Any casual vacancy arising in the Executive Commit-
tee shall similarly be filled by election by the Provincial
Council, if then in session, or, if the Council is not in session,
by a person appointed by the Executive Committee to hold
office temporarily pending an election by the Council.
80. The Administrator and any other member of the Execu-
tive Committee of a Province not being a member of the Pro-
vincial Council shall have the right to take part in the debates
of the Council, but shall not have I lie right to vote.
81. The Executive Committee shall, on behalf of the Pro-
vincial Council, carry on the administration of provincial
affairs. Until the first election of members to serve on the
Executive Committee such administration shall be carried on
by the Administrator. Wherever there are not sufficient
members of the Executive Committee to form a quorum
according to the rules of the Committee, the Administrator
shall, as soon as practicable, convene a meeting of the Provin-
cial Council for the purpose of election members to fill the
vacancies, and until such election the Administrator shall
•carry on the administration of provincial affair^.
296 SOUTH AFRICAN NATIONAL CONVENTION, 1908 — '09.
82. Subject to the provisions of this Act, all powers r
authorities, and functions, which at the establishment of the
Union are in any of the Colonies vested in or exercised by the
Governor, or the Governor-in-Council or any Minister of the
Colony, shall after such establishment be exercised by the Ad-
ministrator of the Province, so far as such powers, authori-
ties and functions relate to matters in respect of which a Pro-
vincial Council is competent to make ordinances.
8-j. Questions arising in. the Executive Committee shall be
determined by a majority of votes of the members present,
and in case of an equality of votes the Administrator shall
have also a casting vote. Subject to the approval of the
Governor-General-in-Coimcil, the Executive Committee may
make rules for the conduct of its proceedings.
84. Subject to the provisions of any law passed by Parlia-
ment regulating the conditions of appointment, tenure of
office, retirement and superannuation of public officers the
Executive Committee shall have power to appoint such officers
as may be necessary, in addition to officers transferred to the
Province by the Governor-Geiieral-in-Coimeil under the pro-
visions of this Act to carry out the services entrusted to them,
and to make and enforce regulations for the organisation and
discipline of such officers.
85. In regard to all matters in respect of which no powers
are reserved or delegated to the Provincial Council, the Ad-
ministrator shall act on behalf of the Governor-General-in-
Council when required to do so, and in such matters the Ad-
ministrator may act without reference to the other members
of the Executive Committee.
Power* of Provincial Councils.
80. Subject to the provisions of this Act and the assent of
the Governor-General-in-Council, as hereinafter provided, tbe
Administrator, with the advice and consent of the Provincial
Council, may make ordinances in relation to matters coming
within the following classes of subjects, that is to say: —
(1) Direct taxation within the Province in order to rni/e a
revenue for Provincial purposes.
(2) The borrowing of money on the sole credit of the Pro-
vince, with the consent of the Governor-General-in-Council,
and in accordance with regulations to be framed by Parlia-
ment.
(3) Education, other than higher education, for a period
of five years, and thereafter until Parliament otherwise pro-
vides.
(-1) Agriciilture, to the extent and subject to the conditions
to be defined by Parliament.
i . •"> i The establishment, maintenance and management of
hospitals and charitable institutions.
(Hi Municipal institutions, divisional councils and other
local institutions of a similar nature.
APPENDIX E. 297
(7) Local works and undertakings within the Province other
than railways, harbours and such works as extend beyond the
borders of the Province and subject to the power of Parlia-
ment to declare any work a national work, and to provide for
its construction by arrangement with the Provincial Council
or otherwise.
(8) Roads, outspans, ponts and bridges, other than bridges
connecting two Provinces.
(9) Markets and pounds.
(10) Fish and game preservation.
(11) The imposition of punishment by fine, penalty or im-
•prisonment for enforcing any law or any ordinance of the Pro-
vince made in relation to any matter coming within any of the
classes of subjects enumerated in this section.
(12) Generally all matters which in the opinion of the
Governor-General-in-Council are of a merely local or private
nature in the Province.
(1-5) All other subjects in respect, of which Parliament shall
delegate the power of making ordinances to the Provincial
'( 'ouncil.
ST. Any ordinance made by a Provincial Council shall have
effect in and for the Province as long and as far only as it is
not repugnant to any Act of Parliament.
88. A Provincial Council may recommend to Parliament
the passing of any law relating to any matter in respect of
which such Council is not competent to make ordinances.
8!). In regard to any matter which requires to be dealt with
by means of a private Act of Parliament, it shall be lawful for
the Provincial Council, subject to such procedure as shall be
laid down by Parliament, to take evidence by means of a
Select Committee or otherwise for and against the passing of
such law, and upon receipt of a report from such Council, to-
gether with the evidence upon which it is founded, it shall
be lawful for Parliament to pass such Act without further
evidence being taken in support thereof.
00. It shall not be lawful for any Provincial Council to
pass an ordinance appropriating money to any public service
unless the Administrator shall have first recommended to the
Council to make provision for the specific services to which
such monev is to be appropriated, and no such money shall
be issued except under warrant signed by the Administrator.
91. When a proposed ordinance has been passed by a Pro-
vincial Council it shall be presented by the Administrator to
the Governor-General-in-Council for his assent. The Gover-
nor-General-in-Council shall declare within one month from
the presentation to him <>f the proposed ordinance that he
assents thereto, or that he withholds assent, or that he reserves
the proposed ordinance for further consideration. A proposed
ordinance so reserved shall not have any force unless and
until within one year from the day on which it was presented
to the Governor-General-in-Council he makes known by pro-
clamation that it ha< received his assent.
298 SOUTH AFRICAN NATIONAL CONVENTION, 1908 — '09.
92. A proposed ordinance so assented to and promulgated
shall, subject to the provisions of this Act, have the force of
law within the Province.
The Administrator shall cause two fair copies of every such
ordinance, one being in the English and the other in the
Dutch language, and one of which copies shall be signed by
the Governor-General, to be enrolled of record in the office of
the Registrar of the Appellate Division of the Supreme Court
of South Africa, and such copies shall be conclusive evidence
as to the provisions of such ordinance, and in case of conflict
between the two copies thus deposited that signed by the
Governor-General shall prevail.
Miscellaneous.
93. (i) In each province there shall be an Auditor of Ac-
counts, to be appointed by the Governor-General-in-Council.
(ii) No such Auditor shall be removed from office except by
the Governor-General-in-Council for cause assigned, which
shall be communicated by message to both Houses of Parlia-
ment within one week after the removal, if Parliament be-
then sitting, and, if Parliament be not sitting, then within
one week after the commencement of the next ensuing session.
(iii) Each such Auditor shall receive out of the Consolidated
Revenue Fund such salary as the Governor-General, with the
approval of Parliament, shall determine.
(iv) Each such Auditor shall examine and audit the Ac-
counts of the Province to which he is assigned, subject to such
regulations and orders as may be framed by the Governor-
General-in-Council and approved by Parliament, and no war-
rant signed by the Administrator authorising the issue of
money shall have effect unless countersigned by such Auditor.
94. Notwithstanding anything in this Act contained, all
powers, authorities and functions lawfully exercised at the
establishment of the Union by divisional or municipal coun-
cils or any other duly constituted local authority shall be and
remain in force until varied or withdrawn by Parliament, or
by a Provincial Council having power in that behalf.
94A. The seat of Government of each Province shall be :
For the Cape of Good Hope
For Natal
For the Transvaal
For Orange
The Supreme Court of South Africa.
95. There shall be a Supreme Court of South Africa, con-
sisting of a Chief Justice of South Africa, the ordinary Judges
of Appeal, and the Chief Justices and other Judges of the
several divisions of the Supreme Court of South Africa in the
Provinces.
96. There shall be an Appellate Division of the Supreme
Court of South Africa, consisting of the Chief Justice of
APPENDIX E. 299
South Africa, two ordinary Judges of Appeal, and two addi-
tional Judges of Appeal. Such additional Judges of Appeal
shall from time to lime be temporarily assigned by the Gover-
nor-Generul-in-Coimci] to the Appellate Division from any of
the Provincial divisions of the Supreme Court of South Africa,
but shall continue to perform their duties as Jiidges of their
respective Divisions when their attendance is not required in
the Appellate Division.
97. The Governor-General-in-Council, during the absence,
illness or other incapacity of the Chief Justice of South Africa
or of an}' ordinary Judge of Appeal, may appoint any Judge
of the Supreme Court of South Africa to act temporarily as
Chief Justice or ordinary Judge of Appeal.
98. The several Supreme Courts of the Cape of Good Hope,
Xatal, and the Transvaal, and the High Court of the Orange
River Colony, shall, on the establishment of the Union, be-
come divisions of the Supreme Court of South Africa in their
respective Provinces. Such divisions, as well as the Court of
the Eastern Districts, the High Court of Witwatersrand, the
High Court of Griqualand and the several Circuit Courts
--hall, in addition to any original jurisdiction exercised by
them at the date of Union, have jurisdiction within the limits
of their respective Provinces or other local areas in all mat-
ters in which the Government of the Union, or a person suing
or being sued on behalf of such Government, is a party and
in which the validity of any Provincial Ordinance shall come
into question. Unless and until Parliament shall otherwise
provide, the different Provincial divisions of the Supreme
Court of South Africa shall further have jurisdiction in all
matters affecting the validity of elections of members of Par-
liament and of the Provincial Councils.
99. All Judges of the Supreme Courts of the Colonies, in-
cluding the High Court of the Orange River Colony, holding
office at the establishment of the Union, shall on such estab-
lishment become Judges of the Supreme Court of South
Africa, assigned to the divisions of the Supreme Court in the
respective Provinces, and shall retain all such rights in re-
gard to salaries and pensions as they may possess at the estab-
lishment of the Union.
100. The Chief Justice of South Africa, the ordinary
Judges of Appeal, and all other Judges of the Supreme Court
of South Africa to be appointed after the Union shall be ap-
pointed by the Governor-General-in-Council, and shall receive
such remuneration as Parliament shall prescribe, and their
remuneration shall not be diminished during their continuance
in office.
101. The Chief Justice of South Africa and other Judges
of the Supreme Court of South Africa shall not be removed
from office except by the Governor-General-in-Council on an
address from both Houses of Parliament in the same session,
praying for such removal on the ground of misbehaviour or
incapacity.
300 SOUTH AFRICAN NATIONAL CONVENTION, 1908 — '09.
102. Upon tiny vacancy occurring in any division of the
Supreme Court of South Africa other than the Appellate Divi-
sion, the Governor-General-in-Council may, in case he shall
consider that the number of Judges of such Court may with
advantage to the public interests be reduced, postpone filling
the vacancy until Parliament shall have determined whether
such reduction shall take place.
103. In every case, civil or criminal, in which at the estab-
lishment of the Union an appeal might have been made to the
Supreme Court of any Colony or to the High Court of the
Orange River Colony from a Superior Court in any of the
Colonies, or fiorn the High Court of Southern Rhodesia, the
appeal shall be made only to the Appellate Division of the
Supreme Court of South Africa.
104. In every case, civil or criminal, in which at the estab-
lishment of the Union an appeal might have been made from
the Supreme Court of any Colony, or from the High Court
of the Orange River Colony to the King-in-Council, the appeal
shall be made only to the Appellate Division of the Supreme
Court of South Africa : Provided that the right of appeal in
any civil suit shall not be limited by reason only of the
amount claimed or awarded in such suit.
105. Appeals from Courts of Resident Magistrate and from
other inferior Courts in civil and criminal suits shall be
made to such of the Superior Courts of the respective pro-
vinces as may have jurisdiction in that behalf at the establish-
ment of the Union, but there shall be no further appeal
against any judgment given on appeal by such Superior Court
except to the Appellate Division of the Supreme Court of
South Africa, and then only if such Appellate Division shall
have given special leave to appeal.
10G. There shall be no appeal from the Supreme Court of
South Africa or from any division thereof to the King-in-
CwVtiicil, but nothing herein contained shall be construed to
impair any right which the King-in-Council may be pleased to
exercise to grant special leave to appeal from the Appellate
Division to the -in-Cotmcil. Parliament may make laws
limiting the matters .1 respect of which such special leave
may be asked, but bills containing any such limitation shall
be reserved by the Governor-General for the signification of
His Majesty's pleasure.
107. The Chief Justice of South Africa and the ordinary
Judges of Appeal may, subject to the approval of the Gover-
nor-General-in-Coimcil, make rules for the conduct of the pro-
ceedings of the Appellate Division of the Supreme Court of
South Africa. Until such rules shall have been promulgated
the rules in force in the Supreme Court of the Cape of Good
Hope at the establishment of the Union shall mutntix miitau-
<l/s apply.
10!S. The Judges of every Provincial division of the
Supreme Court of South Africa may frame rules for the con-
duct of the proceedings of such division, and such rules shall
APPENDIX E. 301
he subject to the approval of the Governor-General-in-Council
in consultation with the Chief Justice of South Africa. Until
such rules shall have been promulgated for any such division
the rules in force at the establishment of the Union in the
respective Courts which become divisions of the Supreme
Court of South Africa shall continue to apply in such divi-
sions respectively.
109. The Appellate Division of the Supreme Court of South
Africa .shall sit in , but may from time to time for
the convenience of suitors hold its sittings at other places
within the Union.
110. On the hearing of appeals from a Court consisting of
two or more Judges, five Judges of the Appellate Division
shall form a quorum, but on the hearing of appeals from a
single Judge three Judges of the Appellate Division shall
form a quorum. No Judge shall take part in the hearing of
any appeal against the judgment given in a case heard before
him.
111. The process of the Appellate Division shall run
throughout the Union, and all its judgments or orders shall
have full force and effect in every province, and shall be
executed in such manner as any original judgments or orders
of the Provincial Superior Courts might have been executed.
112. The Registrar of every Provincial division of the
Supreme Court of South Africa, if thereto requested by any
party in whose favour any judgment or order has been given
or made by any other division, shall, upon the deposit with
him of an authenticated copy of such judgment or order, and
on proof that the same remains unsatisfied, issue a writ or
other process for the execution of such judgment or order, and
thereupon such writ or other process shall be executed in like
manner as if it had been originally issued from the division
of which he is Registrar.
113. Any Provincial division of the Supreme Court of South
Africa to which it may be made to appear that any civil suit
depending therein may be more conveniently or fitly heard or
determined in another division may order the same to be re-
moved to such other division, and thereupon such last-men-
tioned division may proceed with such suit in like manner as
if it had been originally commenced therein.
114. The Governor-General-in-Council may appoint a Re-
gistrar of the Appellate Division of the Supreme Court of
South Africa, and such other officers thereof as shall in the
opinion of the Chief Justice of South Africa be required for
the proper dispatch of the business thereof.
115. (i) The laws regulating the admission of advocates and
attorneys to practise before any Supreme Court of a Colony or
the High Court of the Orange River Colony, shall mutatis
mutandis apply to the admission of advocates and attorneys
to practise in the respective Provincial divisions of the
Supreme Court of South Africa.
302 Soi TII AFRICAN NATIONAL CONVENTION. 1003- 'O'J.
(ii) All advocates and attorneys entitled at the establish-
ment of the Union to practise in the Supreme Court of any
Colony or in the High Court of the Orange River Colony shall
Le entitled to practise as such in the corresponding provincial
division of the Supreme Court of South Africa.
(iii) All advocates and attorneys entitled to practise before
any Provincial division of the Supreme Court of South Africa
shall be entitled to practise before the Appellate Division of
such Supreme Court.
116. All suits, civil or criminal, pending in any Superior
Court of any Colony at the establishment of the Union shall
stand removed to the corresponding division of the Supreme
Court of South Africa, which shall have jurisdiction to hear
and determine the same.
Finance and Railways.
F (1.) All revenues, from whatever source arising, over
which the several Colonies have at the establishment of the
Union power of appropriation shall vest in the Governor-Geii-
eral-in-Council. There shall be formed a Railway and Har-
bour Fund, into which shall be paid all revenues raised or
received by the Governor-General-in-Council from the admin-
istration of the railways, ports and harbours, and such fund
shall be appropriated by Parliament to the purposes of the
railways, ports and harbours in the manner prescribed by this
Act. There shall also be formed a Consolidated Revenue
Fund, into which shall be paid all other revenues raised or
received by the Governor-General-in-Council, and such fund
shall be appropriated by Parliament for the purposes of the
Union in the manner prescribed by this Act and subject to the
charges imposed thereby.
F (2.) The Governor-General-in-Council shall, as soon as
may be after the establishment of the Union, appoint a Com-
mission, consisting of one representative from each Province
and presided over by an officer from the Imperial Service, to
institute an inquiry into the financial relations which should
exist between the Union and the Provinces. Pending the
completion of that inquiry and until Parliament otherwise
provides, there shall be paid annually out of the Consolidated
Revenue Fund to the Administrator of each Province :
(a] An amount equal to the sum provided in the estimates
for education, other than higher education, in respect of the
financial year 1908-9, as voted by the Parliaments of the re-
spective Colonies during the year 1908:
(//) Such further sums as the Governor-General-in-Council
may consider necessary for the due performance- of the ser-
vices and duties assigned to the Provinces respectively.
Until such inquiry shall be completed and Parliament shall
have made other provision, the Executive Committees in the
several Provinces shall annually submit estimates of their ex-
penditure for the approval of the Governor-General-in-Coun-
cil, and no expenditure shall be incurred by any Executive
APPENDIX E. 303
Committee which is not provided for in such approved esti-
mates.
F (3.) The Consolidated Revenue Fund shall be perman-
ently charged with the costs, charges and expenses incident to
the collection, management and receipt thereof, and the same
shall form the first charge thereon.
F (4.) The annual interest of the public debts of the Colonies
and any sinking funds constituted by law at the establishment
of the Union shall form the second charge on the Consolidated
Revenue Fund.
F (5.) Subject to the several payments by this Act charged
on the Consolidated Revenue Fund, the same shall be appro-
priated by Parliament for the public service.
F (6.) No money shall be withdrawn from the Consolidated
Revenue Fund or the Railway and Harbour Fund, except
under appropriation made by law. But until the expiration of
two months after the first meeting of Parliament, the Governor-
General-in-Council may draw therefrom arid expend such
moneys as may be necessary for the public service and for rail-
way and harbour administration respectively.
F (7.) All stocks, cash, bankers' balances and securities for
money belonging to each Colony at the establishment of the
Union shall be the property of the Union. Provided that the
balances of any funds raised at the date of the Union by law
for any special purposes, in any of the Colonies, shall be
deemed to have been appropriated by Parliament for the
special purposes for which they have been provided.
F (8.) Crown lands, public works and all property through-
out the Union, movable or immovable, belonging to the
several Colonies at the establishment of the Union, and all
rights of whatever description shall vest in the Governor-
General-in-Coimcil, subject to any debt or liability specifically
charged thereon.
F (9.) All rights in and to mines and minerals and all
rights in connection with the searching for, working for or
disposing of minerals or precious stones which at the date of
the establishment of the Union are vested in the Government
of any of the Colonies shall on the establishment of the Union
vest in the Goveriior-Geiieral-in-Council.
F (10.) The Union shall assume all debts and liabilities of
the several Colonies existing at the establishment of the
Union, subject to the conditions imposed by any law under
which such debts or liabilities were raised or incurred and
may convert, renew or consolidate such debts.
F (11.) All ports, harbours and railways belonging to the
several Colonies at the establishment of the Union shall from
the date thereof vest in the Governor-General-in-Coimcil.
Xo public railway, port, harbour or similar work shall be
constructed without the sanction of Parliament.
F (12.) Subject to the authority of the Governor-General-
in-Council, the control and management of the railways,
ports and harbours of the Union shall be exercised through a
:i04 SOUTH AFRICAN NATIONAL CONVENTION, 1908— '09.
Board consisting of not more than three Commissioners who
shall be appointed by the Governor-General-in-Council and a
Minister of State, who shall be Chairman. Each Commis-
sioner shall hold office for a period of five years, but may be
reappointed. He shall not be removed before the expiration
of his period of appointment except by the Governor-General-
in-Council for cause assigned, which shall be communicated
by message to both Houses of Parliament within one week
after the removal, if Parliament be then sitting, or, if Parlia-
ment be not sitting, then within one week after the com-
mencement of the next ensuing session. The salaries of the
Commissioners shall be fixed and provided by Parliament,
and shall not be reduced during their mspective terms of
office.
F (13.) The railways, ports and harbours of the Union shall
be administered on business principles, due regard being had
to agricultural and industrial development within the Union
and the promotion, by means of cheap transport, of the settle-
ment of an agricultural and industrial population in the in-
land portions of the Union.
So far as may be, the total earnings shall be not more than
are sufficient to meet the necessary outlays for working, main-
tenance, betterment, depreciation and the payment of interest
due on capital, not being capital contributed out of railway or
harbour revenue, and not being interest on any capital which
Parliament may provide in accordance with the provisions of
section (16, Finance Section). The amount of interest
due on such capital invested shall be paid over from the Rail-
way and Harbour Fund into the Consolidated Revenue Fund.
The Governor-General-in-Council shall give effect to the
provisions of this section as soon, and at such time as the
necessary administrative and financial arrangements can be
made, but in any case shall give full effect to them before the
expiration of four years from the establishment of the Union.
F (14.) The Board may establish a fund to be used for
maintaining as far as may be uniformity of rates to meet
fluctuations in traffic.
F (15.) All balances, standing to the credit of any fund
established in any of the Colonies for railway or harbour pur-
poses at the establishment of the I'mon shall be under the
sole control and management of the Railway and Harbour
Board, and shall be deemed to have been appropriated by
Parliament for the respective purposes for which they have
been provided.
F (1C.) Every proposal for the construction of any port or
harbour works or of any line of railway before being submit-
ted to Parliament, shall be considered by the Board, who shall
report thereon, and shall advise whether the proposed works
or line of railway should or should not be constructed. If
any such works or line shall be constructed contrary to the ad-
vice of the Hoard, and if the Board are of opinion that the
revenue derived from the operation of such works or line
APPENDIX E.
•will be insufficient to meet the costs of working and
maintenance and of interest on the capital invested
therein they shall frame an estimate of the annual loss which
in their opinion will rosult from such operation. Such esti-
mate shall be examined by the Controller and Auditor-Gen-
eral, and when approved by him the amount thereof shall be
paid over annually from the Consolidated Revenue Fund to
the Railway and Harbour Fund. Provided that if in any
year the actual loss incurred as calculated by the Hoard and
certified to bv the Controller and Auditor-General is less than
the estimate framed by the Hoard the amount paid over in re-
spect of that year shall be reduced accordingly so as not to
-exceed the actual loss incurred.
In calculating the lo^s arising from the operation of any
Mich work or line, the Hoard shall have regard to the value
of any contributions of traffic to other parts of the system
which may be due to the operation of such work or line.
F (17.) If the Hoard shall be required by the Governor-
General-in-Council or under any Act of Parliament to provide
any services or facilities either gratuitously or at a rate of
charge which is insufficient to meet the costs involved in the
provision of such services or facilities the Hoard shall at the
end of each financial year present to Parliament an account
approved by the Controller and Auditor-General showing as
nearly as can be ascertained the amount of the loss incurred
by reason of the provision of such services and facilities, and
such amount shall be paid out of the Consolidated Revenue
Fund to the Railway and Harbour Fund.
F (18.) The Governor-General-in-Council shall appoint a
fit person to be Controller and Auditor-General who shall not
be removed from office except for cause shewn, which shall be
communicated in writing to him and by message to both
Houses of Parliament within one week after the removal, if
Parliament be then sitting, or, if Parliament be not sitting,
then within one week after the commencement of the next en-
suing session. He shall be paid out of the Consolidated Re-
venue Fund such salary as the Governor-General-in-Council
may, subject to the approval of Parliament, direct. Until
.Parliament shall otherwise provide, the Controller and Audi-
tor-General shall exercise such powers and functions and un-
dertake such duties as may be assigned to him by the Gover-
nor-General-in-Council by regulations framed in that behalf.
F (1'J.j In order to compensate for any loss sustained by
any town which at the establishment of the Union is the capi-
tal of anv of the Colonies in the form of diminution of pros-
peritv or decreased rateable value by reason of the capital of
the Union being placed elsewhere, there shall he paid
from the Consolidated Revenue Fund to the Municipal Coun-
cil of such town for a period not exceeding twenty-five years,
a grant of two per cent, per annum on the amount of the
municipal debt of Mich town. One-half of such grant shall
306 SOUTH AFRICAN NATIONAL CONVENTION, 1908 — '09.
be applied to the redemption of the municipal debt of such
town as ascertained by the Auditor-General of the Union.
For the purpose of this Clause, Cape Town shall be deemed
to include the municipalities of Cape Town, Green Point and
Sea Point, Woodstock, Mowbray, Rondebosch, Claremont and
Wynberg, and any sum paid under this section in respect of
Cape Town shall be paid to the Councils of those municipali-
ties in proportion to their respective debts.
Provided that the debts of the several municipalities shall
be treated as not exceeding the following amounts : —
Cape Town and Suburbs £4,450,000
Maritzburg £1,219,000
Pretoria £1,000,000
Bloemfontein £868,000
Provided that at any time after the expiration of ten years
the Governor-General-in-Council, with the approval of Par-
liament, may, after due inquiry, withdraw or reduce the grant
to all or any of the towns in question.
General .
117. The seat of Government
118. Subject to the provisions of this Act all laws in force
in the several Colonies at the establishment of the Union shall
continue in force in the respective Provinces until repealed or
amended by Parliament or by the Provincial Councils in mat-
ters in respect of which the power to make ordinances shall
have been reserved or delegated to them.
All legal commissions in the several colonies at the estab-
lishment of the Union shall continue as if the Union had not
been established.
119. Both the English and Dutch languages shall be offi-
cial languages of the Union, and shall be treated on a footing
of equality and possess and enjoy equal freedom, rights and
privileges; all records, journals and proceedings of Parlia-
ment shall be kept in both languages, and all Bills, Acts and
Notices of general public importance or interest issued by the
Government of the Union shall be in both languages.
120. All persons of European descent who have been natur-
alised in any of the Colonies shall be deemed to be naturalised
throughout the Union.
121. The administration of Justice throughout the Union
shall be under the control of a Minister of State in whom shall
be vested all powers, authorities and functions which shall at
the establishment of the Union be vested in the Attorneys-
General of the Colonies, save and except all powers, authori-
ties and functions relating to the prosecution of crimes and
offences, which shall in each province be vested in an officer
10 be appointed by the Governor-General-in-Council, and
styled the Attorney-General of the Province.
122. All officers of the public service of the several Colonies
shall at the establishment of the Union become officers of the
L nion.
APPENDIX E. 307
12-'i. (ij As soon as possible after the passing of this Act
the Governor-General-in-Council shall appoint a public service
Commission to make recommendations for such reorganisation
and readjustment of the departments of the public service as
may be necessary. The Commission shall also make recom-
mendations in regard to the transfer of officers to the several
provinces.
(ii) The Governor-General shall after such Commission has
reported transfer from time to time to each Province such
•officers as may be necessary for the proper discharge of the
services assigned to it and such officers on being so transferred
shall become officers of the Province. Pending the transfer
of such officers the Governor-General-in-Council may place at
the disposal of the provinces the services of such officers of the
Union as may be necessary.
(iiij The provisions of this section shall not apply to any
service or department under the control of the Railway and
Harbour Board or to any person holding office under the
Board.
124. After the establishment of the Union the Governor-
General-in-Council shall appoint a permanent Public Service
Commission with such powers and duties relating to the ap-
pointment, discipline, retirement and superannuation of
public officers as Parliament shall determine.
125. Any officer of the public service of any of the Colonies
at the establishment of the Union who is not retained in the
service of the Union or of a Province shall be entitled to re-
reive such pension, gratuity or other compensation as he
would have received in like circumstances if the Union had
not been established.
.126. Any officer of the public service of any of the Colonies
at the establishment of the Union who is retained in the ser-
vice of 1he Union or of a Province shall retain all his exist-
ing and accruing rights and shall be entitled to retire from
the service at the time and on the pension or retiring allow-
ance to which he would have been entitled by law in like
circumstances if the Union had not been established.
127. The services of no officer in the public service of the
Colonies at the establishment of the Union shall be dispensed
with by reason of his want of knowledge of either the English
or Dutch language.
12(S. Anv permanent officer of the Parliament of any of the
Colonies who is not retained in the service of the Union or of
any Province and for whom no provision shall have been made
by such Parliament shall be entitled to such pension, gratuity
or compensation as Parliament may determine.
129. The control and administration of native affairs
throughout the I nion shall vest in the Governor-General-in-
Council, who shall likewise exercise all special powers in re-
gard to native administration hitherto vested in the Governors
of the Colonies or exercised by them as Supreme Chiefs.
308 SOUTH AFRICAN NATIONAL CONVENTION, 1908 — '09.
Treaty Rights.
130. All rights and obligations under any Conventions or
agreements which are binding on any of the Colonies shall
devolve upon the Union at its establishment.
J\ ew Provinces and Territories.
131. Parliament may on the petition of the Provincial
Council of the Province affected alter the boundaries of any
Province, divide any Province into two or more Provinces, or
form a new Province out of existing Provincial areas.
132. The King with the advice of the Privy Council may on
addresses from the Houses of Parliament of the Union admit
into the Union Colonies not originally included therein and
territories including the territories administered by the Bri-
tish South Africa Company on such terms and conditions as
to representation and otherwise in each case as are in the ad-
dresses expressed and approved by the King and the provisions
of any Order-iii-Couiicil in that behalf shall have effect as if
they had been enacted by the Parliament of the United King-
dom of Great Britain and Ireland.
133. The King with the advice of the Privy Council may on
addresses from the Houses of Parliament of the Union trans-
fer to the Union the Government of any Territories other than
the territories administered by the British South Africa Com-
pany of or under the protectorate of His Majesty inhabited
wholly or in part by natives and upon such transfer the Gov-
ernor-General-in-Council may undertake the Government of
such territory upon the terms and conditions embodied in the
Schedule to this Act.
Amendment of the Constitution.
134. Parliament may by law repeal or alter any of the pro-
visions of this Act provided that no provision thereof, for the
operation of which a definite period of time is prescribed shall
during such period be repealed or altered, and provided fur-
ther that no repeal or alteration of the provisions contained in
this section or in sections thirty and thirty-one until the num-
ber of members of the Legislative Assembly has reached the
limit therein prescribed, or in sections thirty-three and one
hundred and nineteen, shall be valid unless the bill embodying
such repeal or alteration shall be passed by both Houses of
Parliament sitting together and at the third reading be agreed
to by not less than two-thirds of the total number of members
of both Houses.
Schedule.
(1) After the transfer of the Government of any Territory
of or under the protectorate of His Majesty the Governor-
General-in-Council shall be the legislative authority, and may
by proclamation make laws for the peace, order and good
government of such territory: provided that all such laws shall
be laid before both Houses of Parliament within seven days
after the issue of the Proclamation or, if Parliament be not
APPENDIX E. 309
then sitting, within seven days after the beginning of the next
session, and shall be effectual unless and until both Houses
of Parliament shall by resolution request the Governor-Gen-
eral-in-Coimeil to repeal the same in which case they shall be
repealed by Proclamation.
(2) The Prime Minister shall be charged with the adminis-
tration of any Territory thus transferred, and he shall be ad-
vised in such administration by a Commission consisting of
not fewer than three members with a Secretary to be appointed
by the Governor-Genera 1-in-Couiicil.
(3) The members of the Commission shall be appointed by
the Governor-General-in-Couneil, and shall be entitled to hold
office for a period of ten years, but such period may be ex-
tended to successive further terms of five years. They shall
each be entitled to a fixed annual salary which shall not be
reduced during the continuance of their term of office, and
they shall not be removed from office except upon addresses
from both Houses of Parliament. They shall not be eligible
to become members of either House of Parliament. One of
the members of the Commission shall be appointed by the
Governor-General-in-Council as Vice-Chairman thereof. In
case of the absence, illness or other incapacity of any member
of the Commission the Governor-General-in-Council may ap-
point some other fit and proper person to act during such ab-
sence, illness or other incapacity.
(4) It shall be the duty of the members of the Commission
to advise the Prime Minister upon all matters relating to the
administration of, or the legislation for, the said Territories.
The Prime Minister or another Minister of State as his de-
puty, or failing them the Vice-Chairman, shall preside at all
meetings of the Commission, and in case of an equality of
votes, shall have a casting vote. Two members of the Com-
mission shall, with the Prime Minister or his deputy, form a
quorum. In case the Commission shall consist of four or more
members three of them shall form a quorum.
(5) Any member of the Commission who dissents from the
decision of a majority shall be entitled to have the reasons
for his dissent recorded in the minutes of the Commission.
(6) The members of the Commission shall have access to all
official papers concerning the Territories and they may deli-
berate 011 any matter relating thereto and tender their advice
thereon to the Prime Minister.
(7) Before coming to a decision on any matter relating
either to the administration, other than routine, of the said
Territories or to legislation therefor the Prime Minister shall
cause the papers relating to such matter to be deposited with
the Secretary to the Commission, and shall convene a meeting
of the Commission for the purpose of obtaining its opinion on
such matter.
(8) Where it appears to the Prime Minister that the dis-
patch of any communication or the making of any order is
urgently required the communication may be sent or order
310 SOUTH AFRICAN NATIONAL CONVENTION, 1908 — '09.
made, although il lias not boon .submitted to a meeting of the
Commission or deposited for the perusal of the members
thereof.
In any such case the Prime Minister shall record the urgent
reasons for sending the communication or making the order
and give notice thereof to every member.
(9) If the Prime Minister does not accept a recommendation
of the Commission or proposes to take some action contrary to
their advice lie shall state his views to the Commission, who
shall be at liberty to place on record the reasons in support of
their recommendation or advice. This record shall be laid by
the Prime Minister before the Governor-General-in-Council,
whose decision in the matter shall be final.
(10) When the recommendations of the Commission have
not been accepted by the Governor-General-in-Council or
action not in accordance with their advice has been taken by
the Governor-General-in-Council, the Prime Minister, if
thereto requested by the Commission, shall lay the record of
their dissent from the decision of action taken, and of the
reasons therefor before both Houses of Parliament, unless in
any case the Governor-General-in-Council shall be of opinion
that the publication of such record and reasons would be
gravely detrimental to the public interest.
(11) The Goveriior-General-in-Coimcil shall appoint a Resi-
dent Commissioner for each Territory who shall in addition to
such other duties as shall be conferred on him by the Gov-
ernor-Geiieral-in-Council prepare the annual estimates of re-
venue and expenditure for such Territory and forward the
same to the Prime Minister. After such estimates have been
submitted to the Commission and approved of or amended
by the Prime Minister the Resident Commissioner shall, sub-
ject to regulations to be framed in that behalf by the Gov-
ernor-General-iii-Council act in accordance with such esti-
mates.
(12) There shall be paid into the Treasury of the Union all
duties of Customs levied 011 dutiable articles imported into and
consumed in the Territories, and there shall be paid out of the
Treasury annually towards the cost of administration of each
Territory a sum in respect of such duties which shall bear to
the total customs revenue of the Union in respect of each
financial year the same proportion as the average of the cus-
toms revenue for the three completed financial years last pre-
ceding the taking effect of this Act bore to the average of the
whole customs; revenue for all the Colonies and Territories in-
cluded in the Union received during the same period.
(13) In case the revenue of any Territory for any financial
vcar shall be insufh'ceint to meet the expenditure the deficiency
shall be advanced by the Government of the Union. In case
there shall be a surplus for any Territory such surplus shall in
the first instance be devoted to the repayment of any sums pre-
viously advanced by the Union Government to cover any de-
APPENDIX E. 311
ficiericy in such Territory, and thereafter it shall be lawful
for the Governor-General-in-Council to lend the whole or any
part of such surplus to another such Territory.
(14) It shall not be lawful to alienate any land in Basuto-
land or any land forming part of the natives reserves in the
Bechuanaland Protectorate and Swaziland from the native
tribes inhabiting those Territories.
(15) The sale of liquor to natives shall be prohibited in the
said Territories.
(16) The custom, where it exists, of holding pitsos or other
recognised forms of native assembly shall be maintained in
the said Territories.
(17) No differential duties or imposts on the produce of the
Territories shall be levied. The laws of the Union relating to
customs and excise shall be made to apply to the Territories.
(18) There shall be free intercourse for the black and white
inhabitants of the Territories with the rest of South Africa,
subject to the laws, including the Pass Laws, of the Union.
(19) Subject to the provisions of this Schedule all revenues
derived from any Territory shall be expended for and on be-
half of such Territory.
(20) The King may disallow any law made by the Governor-
General-in-Council by Proclamation for any Territory within
one year from the date of the Proclamation and such disallow-
ance on being made known by the Governor-General by Pro-
clamation shall annul the law from the day when the dis-
allowance is so made known.
(2.1) The members of the Commission shall be entitled to
such pensions or superannuation allowances as the Governor-
General-in-Council shall by Proclamation provide and the
salaries and pensions of such members and all other expenses
of the Commission shall be borne by the different Territories
in the proportion of their respective revenues.
(22) The rights of Civil Servants employed in any Terri-
tory as existing on the 16th December, 1908, shall remain in
force.
(23) In lieu of any appeal which may by law be made to the
King-in-Council from any Court of the Territories such ap-
peals shall, subject to the provisions of this Act, be made to
the Appellate Division of the Supreme Court of South Africa.
(24) The Governor-General-in-Council shall prepare an an-
nual report on the Territories and lay the same before both
Houses of Parliament.
(25) All proposed laws to amend or alter the provisions of
this Schedule shall be reserved for the signification of His
Majesty's pleasure.
:*12 SOUTH AFRICAN NATIONAL CONVENTION, 1908 — '09.
[F]
FIRST REPORT OF THE CONVENTION WITH DRAFT ACT AS
AGREED TO AT CAPE TOWN FOR SUBMISSION TO THE
VARIOUS PARLIAMENTS.
Report,
The delegates to the South African Xational Convention
have the honour to report to the respective Parliaments which
appointed them as follows : —
Having been instructed to consider and report on the most
desirable form of Union, they consider that these instructions
could be most conveniently carried out by embodying the
resolutions adopted by them in the form of a Draft Act which
will clearly convey the exact nature of the Constitution recom-
mended by the Convention.
The Draft Act is annexed to this Report.
The delegates having also been instructed in consultation
with the Governments of the self-governing Colonies to
determine the further steps to be taken in reference to the
Draft Constitution beg to make the following recommenda-
tions : —
I. The Parliaments to meet on the -jOth March for the
purpose of discussing the Draft Act.
II. The Convention to re-assemble, if necessary, in Bloem-
fontein on a day in May, to be fixed by the President of the
Convention in consultation with the Prime Ministers of the
Colonies.
III. In June the final draft to be submitted to the Parlia-
ments to pass the addresses for Union. This submission to
be as far as practicable simultaneous.
IV. As soon as possible thereafter a Committee, consisting
of delegates appointed by the Governments of the Colonies
which have passed such addresses to proceed to England for
the purpose of affording information to His Majesty's Govern-
ment and facilitating the passing of the Act.
Draft Act.
WHEREAS it is desirable for the welfare and future pro-
gress of South Africa that the several British Colonies
therein should be united under one Government in a legis-
lative union under the Crown of Great Britain and Ireland;
AND WHEREAS it is expedient to make provision for the
union of those Colonies which may assent thereto and to
define the executive legislative and judicial powers to be exer-
cised in the government of the Union ;
AND WHEREAS it is expedient to make provision for the
establishment of Provinces with powers of legislation and ad-
ministration in local matters, and in such other matters as
may be specially reserved for provincial legislation and ad-
ministration ;
AM) WHEREAS it is expedient to provide for the eventual
admission into the Union as Provinces or Territories of such
part- of South Africa as are not originally included therein;
Be it therefore enacted, etc.
AI-PKXDIX F. 313
I. PRELIMINARY.
1. This Act may be filed us the South Africa Act, 19
2. In this Act the words "the Union" shall, unless it is
otherwise expressed or implied, be taken to mean South Africa
as constituted under this Act.
-'i. The provisions of this Act referring to the King shall
extend to His Majesty's heirs and successors in the sovereignty
of the United Kingdom of Great Britain and Ireland.
II. THE UNION.
4. It shall be lawful for the King, with the advice of the
Privy Council, to declare by proclamation that, on and after
a day therein appointed, not being later than one year after
the passing of this Act, any two or more of the Colonies of
the Cape of Good Hope, Natal, the Transvaal and the Orange
River Colony, hereinafter called the Colonies, which shall,
before the passing of this Act or thereafter before the date
of such proclamation, have agreed thereto either by act of
Parliament or by resolutions of both Houses of Parliament
shall be united in a legislative union under one Government
under the name of South Africa. On and after the day
appointed by such proclamation the Government and Parlia-
ment of the Union shall have full power and authority within
the limits of the Colonies which shall have so agreed, but the
King may at any time after the proclamation appoint a
Governor-General for the Union.
5. The provisions of this Act shall, unless it is otherwise
expressed or implied, take effect on and after the day so
appointed.
6. Such of the Colonies as shall have agreed to enter the
Union before the date of the proclamation mentioned in sec-
tion four shall become original Provinces of the Union under
the names of Cape of Good Hope, Natal, Transvaal and
Orange Free State, as the case may be. The original Pro-
vinces shall have the same limits as the respective Colonies
at the establishment of the Union. If any of the Colonies
do not become original Provinces all provisions in respect of
them contained in this Act shall be inoperative, and it shall
not be competent for them to enter the Union except in the
manner hereinafter provided for the admission into the Union
of new Provinces.
III. EXECUTIVE GOVERNMENT.
7. The Executive Government of South Africa is vested in
the King and shall be administered by His Majesty in person
or by a Governor-General as his representative.
8. The Governor-General shall be appointed by the King,
and shall have and may exercise in the Union during the
King's pleasure, but subject to this Act, such powers and
functions of the King as His Ma jest v mav be pleased to assign
j . . i
to him.
314 SorfH AFRICAN NATIONAL CONVKNTION, 1908 — '09.
9. There shall be payable to the King out of the Con-
solidated Revenue Fund of the Union for the salary of the
Governor-General an annual sum of ten thousand pounds.
The salary of the Governor-General shall not be altered dur-
ing his continuance in office.
.10. The provisions of this Act relating to the Governor-
General extend and apply to the Governor-General for the
time being or such person as the King may appoint to ad-
minister the Government of the Union.
11. There shall be an Executive Council to advise the
Governor-General in the government of the Union and the
members of the Council shall be chosen and summoned by the
Governor-General and sworn as Executive Councillors, and
shall hold office during his pleasure.
12. The provisions of this Act referring to the Governor-
General-in-Council shall be construed as referring to the
Governor-General acting with the advice of the Executive
Council.
13. The Governor-General may appoint officers not exceed-
ing ten in number to administer such departments of state of
the Union as the Goveriior-General-in-('ouncil may establish ;
such officers shall hold office during the pleasure of the
Governor-General. They shall be members of the Executive
Council and shall be the King's ministers of state for the
Union. After the first general election of members of the
House of Assembly as hereinafter provided no minister shall
hold office for a longer period than three months unless he is
or becomes a member of either House of Parliament.
14. The appointment and removal of all officers of the
public service of the Union, shall be vested in the Governor-
General-in-Couneil, unless the appointment is delegated by
the Goveriior-General-iii-Coimcil or by this Act or by a law
of Parliament to some other authority.
15. All powers authorities and functions which at the estab-
lishment of the Union are in any of the Colonies vested in
the Governor or in the Governor-in-Council or in any authority
of the Colony shall as far as the same continue in existence
and are capable of being exercised after the establishment of
the Union be vested in the Governor-General or in the Gov-
ernor-General-iii-Council or in the authority exercising
similar powers under the Union, as the case may be, except
such powers and functions as are by this Act or may by a law
of Parliament be vested in some other authority.
Ki. The command in chief of the naval and military forces
within the Union is vested in the King or in the Governor-
General as his representative.
17. Save as in section twenty-two excepted Pretoria shall
be the seat of Government of the Union.
IV. PARLIAMENT.
IS. The legislative power of the Union shall be vested in
the Parliament of the Union, herein called Parliament, which
shall rnii^t of the Kiny a Senate and a House of Assemblv.
APPENDIX F. 315
19. Tho Governor-General niuy appoint such times for
holding (lie sessions of Parliament as he thinks fit, and may
also from time to time, by proclamation or otherwise, prorogue
Parliament, and may in like manner dissolve the Senate and
the House of Assembly simultaneously or the House of As-
sembly alone: provided that the Senate shall not be dissolved
within a period of ten years after the establishment of the
Union, and provided further that the dissolution of the Senate
shall not affect any senators nominated by the Governor-
General-in-( 'ouncil.
20. Parliament shall be summoned to meet not later than
six months after the establishment of the Union.
21. There shall be a session of Parliament once at least
in every year so that a period of twelve months shall not
intervene between the last sitting of Parliament in one session
and its first sitting in the next session.
22. Cape Town shall be the seat of the Legislature of the
Union.
SENATE.
2;>. For ten years after the establishment of the Union the
constitution of the Senate shall be as follows: —
(i) Eight senators shall be nominated by the Governor-
General-in-Couneil and for each original Province eight sena-
tors shall be elected in the manner hereinafter provided.
(ii) The senators to be nominated by the Governor-General-
in-Council shall hold their seats for ten years. One-half of
their number shall be selected on the ground mainly of their
thorough acquaintance by reason of their official experience
or otherwise with the reasonable wants and wishes of the
coloured racds in South Africa. If the seat of a senator so
nominated shall become vacant the Governor-General-m-
Council shall nominate another person to be a senator who
shall hold his seat for ten years.
(iii) After the passing of this Act and before the day ap-
pointed for the establishment of the Union, the Governor of
each of the Colonies shall summon a special sitting of both
Houses of the Legislature and the two Houses sitting together
as one body and presided over by the Speaker of the Legis-
lative Assembly shall elect eight persons to be senators for the
Province. Such senators shall hold their seats for ten years.
If the seat of a senator so elected shall become vacant the Pro-
vincial Council of the Province1 for which such senator has
heen elected shall choose1 a person to hold the seat until the
completion of the period for which the person in whose >tead
he is elected would have held his seat.
24. Parliament may provide for the manner in which the
Senate shall be constituted after the expiration of ten years,
and unless and until such provision shall have been made
(i) the provisions of the last preceding section with regard
to nominated senators shall continue to have effect:
(ii) eight senators for each Province shall be elected by the
members of the Provincial Council of such Province together
316 SOTTIT AFRICAN NATIONAL CONVENTION, 1908 — '09.
with the members of the House of Assembly elected for such
Province. Such senators shall hold their seats for ten years
unless the Senate be sooner dissolved. If the seat of an
elected senator shall become vacant, the members of the Pro-
vincial Council of the Province together with the members
of the House of Assembly elected for such Province shall
choose a person, to hold the seat until the completion of the
period for which the person in whose stead he is elected would
have held his seat. The Governor-General-in-Council shall
make regulations for the joint election of senators prescribed
in this section.
25. The qualifications of a senator shall be as follows: —
He must : —
(a) be not less than thirty years of age ;
(b) be qualified to be registered as a voter for the election
of members of the House of Assembly in one of the Pro-
vinces ;
(c) have resided for five years within the limits of the
Union as existing at the time when he is elected or nominated
as the case may be;
(d) be a British subject of European descent ;
(e) in the case of an elected senator be the registered owner
of immovable property within the Union of the value of not
less than five hundred pounds over and above any special
mortgages thereon.
26. The Senate shall, before proceeding to the dispatch of
any other business, choose a senator to be the President of
the Senate and as often as the office of President becomes
vacant the Senate shall again choose a senator to be the
President. The President shall cease to hold office if he
ceases to be a senator. He may be removed from office by a
vote of the Senate or he may resign his office by writing ad-
dressed to the Governor-General.
27. Prior to or during any absence of the President the
Senate may choose a senator to perform his duties in his
absence.
28. A senator may, by writing under his hand, addressed
to the Governor-General, resign his seat, which thereupon
shall become vacant. The Governor-General shall as soon as
practicable cause steps to be taken to have the vacancy filled.
29. The presence of at least twelve senators shall be neces-
sary to constitute a meeting of the Senate for the exercise of
its powers.
30. All questions in the Senate shall be determined by a
majority of votes of senators present other than the President
or the presiding senator, who shall, however, have and exer-
cise a casting vote in the case of an equality of votes.
HOTSK OF ASSEMBLY.
;M. The House of Assembly shall be composed of members
directly chosen by the voters of the Union in electoral divi-
sions delimited as hereinafter provided.
APPENDIX F. 317
32. The number of members to be elected in the original
Provinces at the first election and until the number is altered
in accordance with the provisions of this Act shall be as
follows : —
(Jape of (iood Hope ... ... fifty-one
Xatal ... ... ... seventeen
Transvaal ... ... ... thirty-six
Orange Free State ... ... seventeen.
These numbers may be increased as provided in the next suc-
ceeding section but shall not in the case of any original
Province be diminished until the total number of members of
the House of Assembly in respect of the Provinces herein pro-
vided for reaches one hundred and fifty or until a period of
ten years has elapsed after the establishment of the 1 nion,
whichever is the longer period.
.'{•'5. The number of members to be elected in each Province
as provided in section thirty-two shall be increase from time
to time as may be necessary in accordance with the following
provisions :
(i) The quota of the Union shall be obtained by dividing the
total number of European male adults in the Union, not being
members of His Majesty's regular forces on full pay, as
ascertained at the census of 1904 by the total number of mem-
bers of the House of Assembly as constituted at the establish-
ment of the Union.
(ii) In .191.1 and every five years thereafter a census of the
European population of the Union shall be taken for the pur-
poses of this Act .
(iii) After every such census the number of European male
adults in each Province shall be compared with the number
of European male adults as ascertained at the census of 1904
and in the case of any Province where an increase is shown,
as compared with the '-ensus of 1904, equal to the quota of
the Union or any multiple thereof, the number of members
allotted to such Province in the last preceding section shall
be increased by an additional member or an additional num-
ber of members equal to such multiple as the case may be.
(iv) Notwithstanding anything herein contained no addi-
tional member shall be allotted to any Province until the
total number of European male adults in such Province ex-
ceeds the quota of the I nion multiplied by the number of
members allotted to Mich Province for the time beinsr and
O
thereupon additional members -hall lie allotted to such Pro-
vince in respect only of such excess.
(v) As soon as the number of members of the House of
Assembly to be elected in the original Provinces in accord-
ance with the preceding sub-sections reaches the total of one
hundred and fifty Mich total shall not be further increased
unless and until Parliament otherwise provides; and subject
to the provisions of the last preceding -ection the distribution
of member- among the Province- -hall be Mich that the pro-
SorTii AFRICAN NATIONAL CONVENTION, 1908
'09.
portion between llio number of members to he elected at any-
time in each Province and the number of European male
adults in such Province us ascertained at the last preceding-
census shall as far as possible be identical throughout the
Union.
(vi) " Male adults " in this Act shall be taken to mean
males of twenty-one yeai> of age or upwards.
(vii) For the purposes of this Act the number of European
male adults, not being members of His Majesty's regular
forces on full pay, as ascertained at the census of 1904 shall
be taken to be :
For the Cape of Good Hope ...... 167,546
For Xatal ........................ 34,784
For the Transvaal ............... 106,493
For the Orange Free State ......... 41,014
34. If any of the Colonies does not become an original Pro-
vince the number of members to which the House of Assembly
may be increased shall be reduced by the number of members
assigned to the corresponding Province in section thirty-two.
35. (i) Parliament may by law prescribe the qualifications
which shall be necessary to entitle persons to vote at the elec-
tion of members of the House of Assembly, but no such law
shall disqualify any person in the Province of the Cape of
Good Hope who under the laws existing in the Colony of the
Cape of Good Hope at the establishment of the Union is or
may become capable of being registered as a voter from being
so registered by reason of his race or colour only, unless the
bill be passed by both Houses of Parliament sitting together
and at the third reading be agreed to by not less than two-
thirds of the total number of members of both Houses. A
bill so passed at such joint sitting shall be taken to have been.
duly passed by both Houses of Parliament.
(ii) No person who at the passing of any such law is regis-
tered as a voter in any Province shall be removed from the
register by reason only of any disqualification based on race
or colour.
36. Subject to the provisions of the last preceding section
the qualifications of parliamentary voters as existing in the
several Colonies at the establishment of the Union shall be
the qualifications necessary to entitle persons in the corres-
ponding Provinces to vote for the election of members of the
House of Assembly : provided that no member of His
Majesty's regular forces on full pay shall be entitled to be
registered as a voter.
37. (i) Subject to the provisions of this Act, the laws in
force in the Colonies at the establishment of the Union relat-
ing to elections for the more numerous Houses of Parliament
in such Colonies respectively, the registration of voters, the
oaths or declarations to be taken by voters, returning officers.
the powers and duties of such officers, the proceedings at elec-
tioiiN, the hearing of election petitions and the proceedings in-
cident thereto, the vacating of seats of members and the pro-
APPENDIX F. 319
ceedings necessary for filling such vacancies shall mutatis
mutandis apply to the elections in the respective Provinces of
members of the House of Assembly.
(ii) Notwithstanding anything to the contrary in any of the
said laws contained, at any general election of members of the
House of Assembly, all polls shall be taken on one and the
same day in all the electoral divisions throughout the Union,
such day to be appointed by the Governor-General-in-
Council.
38. Between the date of the passing of this Act and the
date fixed for the establishment of the Union the (iovernor-
in-Council of each of the Colonies shall nominate a -Judge of
any of the Supreme or High Courts of the Colonies, and the
Judges so nominated shall, upon acceptance by them respec-
tively of such nomination, form a joint commission, without
any further appointment, for the purpose of the first division
of the Provinces into electoral divisions. The High Commis-
sioner for South Africa shall forthwith convene a meeting of
such commission at such time and place in one of the Colonies
as he shall fix and determine. At such meeting the commis-
sioners shall elect one of their number as chairman of such
commission. They shall thereupon proceed with the dis-
charge of their duties under this Act, and may appoint per-
sons in any Province to assist them or to act as assessors to
the commission or with individual members thereof for the
purpose of inquiring into matters connected with the duties of
the commission. All moneys required for the payment of the
expenses of such commission before the establishment of the
Union in any of the Colonies shall be provided by the Gover-
nor-in-Council of such Colony. In case of the death, resig-
nation or other disability of any of the commissioners before
the establishment of the Union the Governor-iii-Council who
nominated him shall forthwith nominate another Judge to till
the vacancy. After the establishment of the Union the ex-
penses of the commission shall be defrayed by the Governor-
General-in-Council and any vacancies shall be filled by hint
•59. The commission shall divide each Province into elec-
toral divisions, each returning three or more members : pro-
vided that in special cases of sparsely populated areas the
commission may delimit divisions in which less than three
members shall be returned.
40. (i) For the purpose of -uch division as is in the last
preceding section mentioned the quota of each Province shall
be obtained by dividing the total number of voters in the Pro-
vince as ascertained at the last registration of voters by the
number of members of the House of Assembly to be elected
therein.
(ii) Each Province shall be divided into electoral divisions,
so that the number of voters in each division shall subject to
the provisions of sub-section (iii) be a multiple of the quota
and the number of members to be elected therein still be
equal to such multiple.
320 SOUTH AFRICAN NATIONAL CONVENTION, 1908 — '09.
(iii) The commissioners shall give due consideration u>-
(a) community or diversity of interests;
(b) means of communication;
(6-) physical features;
(d) existing electoral boundaries;
(e) sparsity or density of population ;
in such manner that while taking the quota of voters as the-
basis of division the commissioners may whenever they deem
it necessary to depart therefrom but in no case to any greater
extent than fifteen per centum more or fifteen per centum less-
than the quota.
41. As soon as may be after every quinquennial census the
Govemor-Geiieral-in-Coimcil shall appoint a commission con-
sisting of three Judges of the Supreme Court of South Africa
to carry out any re-division which may have become necessary
as between the different electoral divisions in each Province,
and to provide for the allocation of the number of members to
which such Province may have become entitled under the
provisions of this Act. In carrying out such re-division and
allocation the commission shall have the same powers and pro-
ceed upon the same principles as are by this Act provided in
regard to the original division.
42. (i) The joint commission constituted under section
thirty-eight and any subsequent commission appointed under
the provisions of the last preceding section shall submit to the-
Governor-General-in-Council : -
(a] a list of electoral divisions, with the names given to
them by the commission and a description of the boundaries
of and the number of members assigned to every such
division ;
(6) a map or maps showing the electoral divisions into
which the Provinces have been divided;
(c) such further particulars as they consider necessary.
(ii) The Governor-General-in-Council may refer to the com-
mission for its consideration any matter relating to such list
or arising out of the powers or duties of the commission.
(iii) The Governor-General-in-Council shall proclaim the
names and boundaries of the electoral divisions and the num-
ber of members assigned to each division as finally settled and
certified by the commission or a majority thereof, and there-
after until there shall be a re-division the electoral divisions
as named and defined shall be the electoral divisions of the
Union in the Provinces.
(iv) If any discrepancy shall arise between the description
of the divisions and the aforesaid map or maps the descrip-
tion shall prevail.
43. Any alteration in the number of members of the House
of Assembly to be elected in the several Provinces and any re-
division of the Provinces into electoral divisions shall in re-
spect of the election of members of the House of Assembly
come into operation at the next general election held after the-
APPENDIX F. 321
completion of the redivision or of any allocation consequent
upon such alteration and not earlier.
44. The qualifications of a member of the House of As-
sembly shall be as follows : —
He must : —
(a) be qualified to be registered as a voter for the election
of members of the House of Assembly in one of the Provinces;
(&) have resided for five years within the limits of the
Union as existing at the time when he is elected;
(c] be a British subject of European descent.
45. Every House of Assembly shall continue for five years
from the first meeting thereof and no longer, but may be
sooner dissolved by the Governor-General.
4G. The House of Assembly shall, before proceeding to the
dispatch of any other business, choose a member to be the
Speaker of the House, and as often as the office of Speaker
becomes vacant the House shall again choose a member to be
the Speaker. The Speaker shall cease to hold his office if he
ceases to be a member. He may be removed from office by a
vote of the House, or he may resign his office or his seat by
writing addressed to the Governor-General.
47. Prior to or during the absence of the Speaker the House
of Assembly may choose a member to perform his duties in
his absence.
48. A member may by writing under his hand addressed
to the Speaker or, if there is no Speaker or if the Speaker i»
absent from the Union, to the Governor-General resign his
seat, which shall thereupon become vacant.
49. The presence of at least thirty members of the House of
Assembly shall be necessary to constitute a meeting of the
House for the exercise of its powers.
•">(). All questions in the House of Assembly shall be deter-
mined by a majority of votes of members present other than
the Speaker or the presiding member, who shall, however,
have and exercise a casting vote in the case of an equality of
votes.
BOTH HOISKS OF PAKLIAMF.NT.
5.1. Every senator and every member of the House of As-
sembly shall before taking his seat make and subscribe before
the Governor-General or some person authorized by him un
oath or affirmation of allegiance in the following f orm : -
Oath.
I, A.B., do swear that 1 will be faithful and bear true
allegiance to His Majesty King Edward the Seventh his heirs-
and successors according to law. So help me God.
Affirmation.
I, A.B., do solemnly and sincerely affirm and declare that
I will be faithful and bear true allegiance to His Majesty
King Edward the Seventh his heirs and successors according
to law.
M
322 SOUTH AFRICAN NATIONAL CONVENTION, 1908 — '09.
52. A member of either House of Parliament shall be in-
capable of being chosen or of sitting as a member of the other
House : provided that every minister of state who is a member
of either House of Parliament shall have the right to sit and
speak in the Senate and the House of Assembly, but shall vote
only in the House of which he is a member.
5-3. No person shall be capable of being chosen or of sitting
as a senator or as a member of the House of Assembly who :
(a] has been at any time convicted of treason, murder or
any offence for which he shall have been sentenced to im-
prisonment without the option of a fine for a term of not less
than twelve months, unless he shall have received a free
pardon or unless such imprisonment shall have expired at
least five years before the date of his election; or
(h) is an unrehabilitated insolvent; or
(c) is of unsound mind, and has been so declared by a com-
petent court ; or
(d) holds any office of profit under the Crown within the
Union : provided that the following persons shall not be
deemed to hold an office of profit under the Crown for the
purposes of this sub-section :
(1) a minister of state for the Union;
(2) a person in receipt of a pension from the Crown;
(3) an officer or member of His Majesty's naval or military
forces on retired or half-pay or an officer or member of the
naval or military forces of the Union whose services are not
"wholly employed by the Union.
54. If a senator or member of the House of Assembly
(a) becomes subject to any of the disabilities mentioned in
the last preceding section ; or
(6) ceases to be qualified as required by law; or
(c] fails for a whole ordinary session to attend without the
special leave of the Senate or the House of Assembly, as the
case may be ;
his seat shall thereupon become vacant.
55. If any person who is by law incapable of sitting as a
senator or member of the House of Assembly shall, while so
disqualified and knowing or having reasonable grounds for
knowing that he is so disqualified, sit or vote as a member of
the Senate or the House of Assembly, he shall be liable to a
penalty of one hundred pounds for each day on which he shall
so sit or vote, to be recovered on behalf of the Treasury of the
Union by action in any Superior Court of the Union.
56. Each senator and each member of the House of As-
sembly shall, under such rules as shall be framed by Parlia-
ment, receive an allowance of three hundred pounds a year to
be reckoned from the date on which he takes his seat; pro-
vided that for every day of the session on which he is absent
there shall be deducted from such allowance the sum of two
pounds: provided further that no such allowance shall be
j);iid to a minister receiving a salary under the Crown or to
Hie President of the Senate or the Speaker of the House of
APPENDIX F. 323
Assembly. A day of the session shall mean in ree.pect of a
member any day during a session on which the House of
which he is a member or any committee of which he is a mem-
ber meets.
57. The powers, privileges and immunities of the Senate
and of the House of Assembly and of the members and com-
mittees of each House shall subject to the provisions of this
Act be such as are declared by Parliament, and until declared
shall be those of the House of Assembly of the Cape of Good
Hope and of its members and committees at the establishment
of the Union.
58. Each House of Parliament may make rules and orders
with respect to the order and conduct of its business and pro-
ceedings. Until such rules and orders shall have been made
the rules and orders of the Legislative Council and House of
Assembly of the Cape of Good Hope at the establishment of
the Union shall mutatis mutandis apply to the Senate and
House of Assembly respectively. If a joint sitting of both
Houses of Parliament is required under the provisions of this
Act it shall be convened by the Governor-General by message
to both Houses. At any such joint sitting the Speaker of the
House of Assembly shall preside and the rules of the House
of Assembly shall as far as practicable apply.
POWERS OF PARLIAMENT.
59. Parliament shall have full power to make laws for the
peace, order and good government of South Africa.
60. (i) Bills appropriating revenue or moneys or imposing
taxation shall originate only in the House of Assembly. But
a bill shall not be taken to appropriate revenue or moneys or
to impose taxation by reason only of its containing provisions
for the imposition or appropriation of fines or other pecuniary
penalties.
(ii) The Senate may not amend any bills so far as they im-
pose taxation or appropriate revenue or moneys for the ser-
vices of the Government.
(iii) The Senate may not amend any bill so as to increase
any proposed charges or burden on the people.
61. Any bill which appropriates revenue or moneys for the
ordinary annual services of the Government shall deal only
with such appropriation.
02. The House of Assembly shall not originate or pass any
vote resolution address or bill for the appropriation of any
part of the public revenue or of any tax or impost to any pur-
pose imless such appropriation has been recommended by mes-
sage from the Governor-General during the session in which
such vote resolution address or bill is proposed.
63. If the House of Assembly passes any bill and the Sen-
ate rejects or fails to pass it or passes it with amendments t&
which the House of Assembly will not agree and if the House
of Assembly in the next session again passes the bill with or
without any amendments which have been made or agreed to
by the Senate and the Senate rejects or fails to pass it or
M 2
324 SOUTH AFRICAN NATIONAL CONVENTION, 1908 — '09.
passes it with amendments to which the House of Assembly
will not agree, the Governor-General may during that session
convene a joint sitting of the members of the Senate and
House of Assembly. The members present at any such joint
sitting may deliberate and shall vote together upon the bill
as last proposed by the House of Assembly and upon amend-
ments, if any, which have been made therein by one House
of Parliament and not agreed to by the other; and any such
amendments which are affirmed by a majority of the total
number of members of the Senate and House of Assembly
present at such sitting shall be taken to have been carried
and, if the bill with the amendments, if any, is affirmed by
a majority of the members of the Senate and House of As-
sembly present at such sitting, it shall be taken to have been
duly passed by both Houses of Parliament. Provided that,
if the Senate shall reject or fail to pass any bill dealing with
the appropriation of revenue or moneys for the public service,
such joint sitting may be convened during the same session in
which the Senate so rejects or fails to pass such bill.
64. When a bill is presented to the Governor-General for
ihe King's assent, he shall declare according to his discretion,
but subject to the provisions of this Act, that he assents in
the King's name, or that he withholds assent, or that he re-
serves the bill for the signification of the King's pleasure.
The Governor-General may return to the House in which it-
originated any bill so presented to him and may transmit
therewith any amendments which he may recommend and the
House may deal with the recommendation.
65. The King may disallow any law within one year after
it has been assented to by the Governor-General and such dis-
allowance on being made known by the Governor-General by
speech or message to each of the Houses of Parliament or by
proclamation shall annul the law from the day when the dis-
allowance is so made known.
66. A bill reserved for the King's pleasure shall not have
any force unless and until within one year from the day on
which it was presented to the Governor-General for the King's
assent the Governor-General makes known by speech or mes-
sage to each of the Houses of Parliament or by proclamation
that it lias received the King's assent.
6T. As SOOTI as may be after any law shall have been as-
sented in in the King's name by the Governor-General or hav>
ing been reserved for the King's pleasure shall have received
his assent, the Clerk of the House of Assembly shall cause two
fair copies of such law, one being in the English and the other
in the Dutch language, one of which copies shall be signed
by the Governor-General, to be enrolled of record in the office
<'!' the Registrar of Iho Appellate Division of the Supreme
CoiiH of South Africa: and such copies shall be conclusive
evidence as to the provisions of every such law, and in case
<>i conflict between the two copies thus deposited that signed
iiy the Governor-General shall prevail.
APPENDIX F. 325
V. THE PROVINCES.
ADMINISTRATORS .
68. (i) In each Province there shall be a chief executive
•officer appointed by the Governor-General-in-Council who
shall be styled the Administrator of the Province and in
whose name all executive acts relating to provincial affairs
therein shall be done.
(ii) In the appointment of the Administrator of any Pro-
vince the Governor-General-in-Council shall as far as practic-
able give preference to persons resident in such Province.
(iii) Such Administrator shall hold office for a term of five
years, and shall not be removed before the expiration thereof
except by the Governor-General-in-Council for cause as-
signed which shall be communicated by message to both
Houses of Parliament within one week after the removal if
Parliament be then sitting or if Parliament be not sitting
then within one week after the commencement of the next
ensuing session.
(iv) The Governor-General-in-Council may from time to
time appoint a Deputy Administrator to execute the office and
.functions of the Administrator during his absence illness or
other inability.
69. The salaries of the Administrators shall be fixed and
provided by Parliament and shall not be reduced during their
respective terms of office.
PROVINCIAL COUNCILS.
70. There shall be a Provincial Council in each Province
consisting of the same number of members as are elected in
the Province for the House of Assembly : provided that in
• any Province whose representatives in the House of Assembly
shall be less than twenty-five in number the Provincial Coun-
cil shall consist of twenty-five members.
71. (i) The members of the Provincial Council shall be
elected bv the persons qualified to vote for the election of
•members of the House of Assembly in the Province voting in
the same electoral divisions as are delimited for the election
of members of the House of Assembly : provided that in any
Province in which less than twenty-five members are elected
to the House of Assembly the delimitation of the electoral
divisions and any necessary re-allocation of members or ad-
justment of electoral divisions shall be effected by the same
commission and on the same principles as are prescribed in re-
gard to the electoral divisions for the House of Assembly.
(ii) Any alteration in the number of members of the Provin-
cial Council and any redivision of the Province into electoral
divisions shall come into operation at the next general elec-
tion for such Council held after the completion of such re-
•division or of any allocation consequent upon such alteration
and not earlier.
(iii) The elections shall take place at such times as the Ad-
ministrator shall by proclamation direct and the provisions of
326 Sot-in AFRICAN NATIONAL CONVENTION, 1908 — '09.
section thirty-seven applicable to tlie election of members of
the House of Assembly .shall mutatis mutandis apply to such;
elections.
72. The provisions of sections fifty-three, fifty-four and1
fifty-five relative to members of the House of Assembly shall
mutatis mutandis apply to members of the Provincial Coun-
cils : provided that any member of a Provincial Council who-
shall become a member of either House of Parliament shall
thereupon cease to be a member of such Provincial Council.
73. Each Provincial Council shall continue for three years
from the date of its first meeting and shall not be subject to-
dissolution save by effluxion of time.
74. The Administrator of each Province shall by proclama-
tion fix such times for holding the sessions of the Provincial'
Council as he may think fit and may from time to time pro-
rogue such Council : provided that there shall be a session of
every Provincial Council once at least in every year, so that
a period of twelve months shall not intervene between the
last sitting of the Council in one session and its first sitting
in the next session.
75. The Provincial Council shall elect its own chairman
and may make rules for the conduct of its proceedings. Such
rules shall be transmitted by the Administrator to the Gover-
nor-General and shall have full force and effect unless and'
until the Governor-General-in-Council shall express his dis-
approval thereof by writing addressed to the Administrator.
76. The members of the Provincial Council shall receive'
such allowances as shall be determined by the Governor-Geii-
eral-in-Council.
77. There shall be freedom of speech in the Provincial
Council, and 110 member shall be liable to any action or pro-
ceeding in any court by reason of his speech or vote in such
Council.
EXECUTIVE COMMITTEES.
78. (i) Each Provincial Council shall at its first meeting
after any general election elect from among its members, or
otherwise, such number of persons not being less than three or
more than five as the Governor-General-in-Council may pre-
scribe in respect of each Province to form with the Adminis-
trator who shall be chairman an Executive Committee for the
Province. The members of the Executive Committee other
than the Administrator shall hold office until the election of
their successors in the same manner.
(ii) Such members shall receive such remuneration as the-
Provincial Council, with the approval of the Governor-Gen-
eral-in-Council, shall determine.
(iii) A member of the Provincial Council shall not be dis-
qualified from sitting as a member by reason of his having
been elected as a member of the Executive Committee.
(iv) Any casual vacancy arising in the Executive Commit-
tee shall be tilled bv election bv the Provincial Council if then
APPENDIX F. 327
in session or if the Council is not in session by a person ap-
pointed by the Executive Committee to hold office temporarily
pending an election by the Council.
79. The Administrator and any other member of the Exe-
cutive Committee of a Province not being a member of the
Provincial Council shall have the right to take part in the
proceedings of the Council but shall not have the right to
•vote.
80. The Executive Committee shall on behalf of the Provin-
cial Council carry on the administration of provincial affairs.
Until the first election of members to serve on the Executive
Committee such administration shall be carried on by the Ad-
ministrator. Whenever there are not sufficient members of
the Executive Committee to form a quorum according to the
rules of the Committee the Administrator shall, as soon as
practicable, convene a meeting of the Provincial Council for
the purpose of electing members to fill the vacancies and until
such election the Administrator shall carry on the administra-
tion of provincial affairs.
81. Subject to the provisions of this Act all powers authori-
ties and functions, which at the establishment of the Union
are in any of the Colonies vested in or exercised by the Gover-
nor or the Governor-in-Council or any minister of the Colony,
shall after such establishment be vested in the Executive
Committee of the Province so far as such powers authorities
and functions relate to matters in respect of which the Pro-
vincial Council is competent to make ordinances.
82. Questions arising in the Executive Committee shall be
determined by a majority of votes of the members present and
ill case of an equality of votes the Administrator shall have
also a casting vote. Subject to the approval of the Governor-
'General-in-Council the Executive Committee may make rules
for the conduct of its proceedings.
83. Subject to the provisions of any law passed by Parlia-
ment regulating the conditions of appointment tenure of office
retirement and superannuation of public officers the Execu-
tive Committee shall have power to appoint such officers as
may be necessary in addition to officers assigned to the Pro-
vince by the Governor-General-in-Council under the provi-
sions of this Act to carry out the services entrusted to them
and to make and enforce regulations for the organisation and
discipline of such officers.
84. In regard to all matters in respect of which no powers
are reserved or delegated to the Provincial Council the Ad-
ministrator shall act on behalf of the Governor-General-in-
Council when required to do so and in such matters the Ad-
ministrator may act without reference to the other members
of the Executive Committee.
POWKKS or PROVINCIAL COUNCILS.
85. Subject to the provisions of this Act and the assent of
•the Governor-General-in-Council as hereinafter provided the
328 SOUTH AFRICAN NATIONAL CONVENTION, 1908 — '09.
Provincial Council may make ordinances in relation to mat--
ters coming within the following classes of subjects, that is-
to say : —
(i) Direct taxation within the Province in order to raise a
revenue for provincial purposes.
(ii) The borrowing of money on the sole credit of the Pro-
vince with the consent of the Governor-General-in-Council
and in accordance with regulations to be framed by Parlia-
ment.
(iii) Education, other than higher education, for a period
of five years and thereafter until Parliament otherwise pro-
vides.
(iv) Agriculture to the extent and subject to the conditions
to be defined by Parliament.
(v) The establishment, maintenance and management of
hospitals and charitable institutions.
(vi) Municipal institutions, divisional councils and other
local institutions of a similar nature.
(vii) Local works and undertakings within the Province,
other than railways, harbours and such works a?s extend be-
yond the borders of the Province and subject to the power of
Parliament to declare any work a national work and to pro-
vide for its construction by arrangement with the Provincial
Council or otherwise.
(viii) lloads, outspans, ponts and bridges, other than
bridges connecting two Provinces.
(ix) Markets and pounds.
(x) Fish and game preservation.
(xi) The imposition of punishment by fine, penalty or im-
prisonment for enforcing any law or any ordinance of the
Province made in relation to any matter coming within any
of the classes of subjects enumerated in this section.
(xii) Generally all matters which in the opinion of the
Governor-General-in-Council are of a merely local or private
nature in the Province.
(xiii) All other subjects in respect of which Parliament
shall delegate the power of making ordinances to the Pro-
vincial Council.
80. Any ordinance made by a Provincial Council shall have
effect in and for the Province as long and as far only as it is
not repugnant to any act of Parliament.
87. A Provincial Council may recommend to Parliament
the passing of any law relating to any matter in respect of
which such Council is not competent to make ordinances.
88. In regard to any matter which requires to be dealt with
by means of a private act of Parliament the Provincial Coun-
cil of the Province to which the matter relates may, subject
to such procedure as shall be laid down by Parliament, take
evidence by means of a select committee or otherwise for and
against the passing of such law and upon receipt of a report
from such Council together with the evidence upon which it
APPENDIX F. 329
is founded Parliament may pass such act without further evi-
•dence being taken in support thereof.
89. A Provincial Revenue Fund shall be formed in every
Province, into which shall be paid all revenues raised by or
accruing to the Provincial Council and all moneys paid over
bv the Governor-General-in-Council to the Provincial Coun-
cil. Such fund shall be appropriated by the Provincial Coun-
cil by ordinance for the purposes of the provincial adminis-
tration generally, or, in the case of moneys paid over by the
Governor-General-in-Council for particular purposes, then
for such purposes, but no such ordinance shall be passed by
the Provincial Council unless the Administrator shall have
first recommended to the Council to make provision for the
specific service for which the appropriation is to be made. No
money shall be issued from the Provincial Revenue Fund ex-
cept in accordance with such appropriation and under warrant
signed by the Administrator: provided that until the expira-
tion of one month after the first meeting of the Provincial
Council the Administrator may expend such moneys as may
be necessary for the services of the Province.
90. When a proposed ordinance has been passed by a Pro-
vincial Council it shall be presented by the Administrator to
the Governor-General-in-Council for his assent. The Gover-
nor-General-in-Council shall declare within one month from
the presentation to him of the proposed ordinance that he
assents thereto, or that he withholds assent or that he reserves
the proposed ordinance for further consideration. A pro-
posed ordinance so reserved shall not have any force unless
and until within one year from the day on which it was
presented to the Governor-General-in-Council he makes known
by proclamation that it has received his assent.
91. An ordinance assented to by the Governor-General-in-
Council and promulgated by the Administrator shall, subject
to the provisions of this Act, have the force of law within the
Province. The Administrator shall cause two fair copies of
every such ordinance, one being in the English and the other
in the Dutch language, one of which copies shall be signed by
the Governor-General, to be enrolled of record in the office
of the Registrar of the Appellate Division of the Supreme
Court of South Africa ; and such copies shall be conclusive
evidence as to the provisions of such ordinance, and in case
of conflict between the two copies thus deposited that signed
by the Governor-General shall prevail.
MISCELLANEOUS.
i) In each Province there shall be an Auditor of Ac-
ointed by the Governor-General-in-Council.
hall be removed from ofllcp except bv
cau-e a»in-ned. which
both Houses of Parlia-
oval, if Par];' a;
330 SOUTH AFRICAN NATIONAL CONVENTION, 1908 — '09.
then sitting, and, if Parliament be not sitting, then within
one week after the commencement of the next ensuing session.
(iii) Each such Auditor shall receive out of the Consolidated
Revenue Fund such salary as the Governor-General-in-Coun-
cil with the approval of Parliament shall determine.
(iv) Each such Auditor shall examine and audit the ac-
counts of the Province to which he is assigned, subject to
such regulations and orders as may be framed by the Gover-
nor-General-in-Council and approved by Parliament, and no
warrant signed by the Administrator authorising the issue of
money shall have effect unless countersigned by such Auditor.
93. Notwithstanding anything in this Act contained all
powers, authorities and functions lawfully exercised at the
establishment of the Union by divisional or municipal coun-
cils or any other duly constituted local authority shall be and
remain in force until varied or withdrawn by Parliament or
by a Provincial Council having power in that behalf.
94. The seats of provincial government shall be :
for Capo of Good Hope Cape Town.
for Natal Pietermarit/burg.
for Transvaal Pretoria.
for Orange Free State Bloemfontein.
VI. THE SUPREME COURT OF SOUTH AFRICA.
95. There shall be a Supreme Court of South Africa, con-
sisting of a Chief Justice of South Africa, the Ordinary
Judges of Appeal and the Chief Justices and other Judges
of the several divisions of the Supreme Court of South Africa
in the Provinces.
96. There shall be an Appellate Division of the Supreme
Court of South Africa, consisting of the Chief Justice of
South Africa, two Ordinary Judges of Appeal and two addi-
tional Judges of Appeal. Such additional Judges of Appeal
shall from time to time be temporarily assigned by the Gover-
nor-General-in-Council to the Appellate Division from any of
the Provincial Divisions of the Supreme Court of South
Africa, but shall continue to perform their duties as Judges
of their respective Divisions when their attendance is not re-
quired in the Appellate Division.
97. The Governor-General-in-Council during the absence,
illness or oilier incapacity of the Chief Justice of South
Africa or of any ordinary Judge of Appeal may appoint any
Judge of the Supreme Court of South Africa to act tempor-
arily as Chief Justice or Ordinary Judge of Appeal.
98. (i) The several Supreme Courts of the Cape of Good
Hope, Natal and the Transvaal and the High Court of the
Orange River Colony shall on the establishment of the Union
become Provincial Divisions of the Supreme Court of South
Africa williin ilirir respective Provinces.
(ii) The Court of the Eastern Districts of the Cape of Good
IFopf, ilie High Cmiri of Grifiualand, the High Court of Wit-
watersrnnd and the several Circuit Courts shall become Local
APPENDIX F. 331
.Divisions of the Supreme Court of South Africa within the
.respective ureas of their jurisdiction as existing at the estab-
lishment of the Union.
(iii) The said Provincial and Local Divisions, referred to in
this Act as Superior Courts, shall, in addition to any original
jurisdiction exercised by the corresponding courts of the
Colonies at the establishment of the Union, have jurisdiction
in all matters
(a) in which the Government of the Union or a person suing
• or being sued on behalf of such Government is a party;
(b) in which the validity of any provincial ordinance shall
come into question.
(iv) Unless and until Parliament shall otherwise provide,
the said Superior Courts shall mutatis /iiutandiv have the
same jurisdiction in matters affecting the validity of elections
of members of the House of Assembly and Provincial Coun-
cils as the corresponding courts of the Colonies have at the
establishment of the Union in regard to parliamentary elec-
tions in such Colonies respectively.
99. All Judges of the Supreme Courts of the Colonies, in-
cluding the High Court of the Orange lliver Colony, holding
office at the establishment of the Union shall on such estab-
lishment become Judges of the Supreme Court of South
Africa, assigned to the divisions of the Supreme Court in the
respective Provinces, and shall retain all such rights in regard
to salaries and pensions as they may possess at the establish-
ment of the Union.
100. The Chief Justice of South Africa, the Ordinary
Judges of Appeal and all other Judges of the Supreme Court
of South Africa to be anointed after the establishment of
the I nion shall be r.^^ointed by the Governor-General-in-
Council, and shall receive such remuneration as Parliament
shall prescribe and their remuneration shall not be dimin-
ished during their continuance in office.
101. The Chief Justice of South Africa and other Judges
of the Supreme Court of South Africa shall not be removed
from office except by the Governor-General-in-Council, on an
address from both Houses of Parliament in the same session
praying for such removal on the ground of misbehaviour or
incapacity.
102. Upon any vacancy occurring in any division of the
Supreme Court of South Africa other than the Appellate Divi-
. sion the Governor-General-iii-Council may, in case lie shall
consider that the number of Judges of such court may with
advantage to the public interest be reduced, postpone filling
the vacancy until Parliament shall have determined whether
such reduction shall take place.
10-). In every case, civil or criminal, in which at the estab-
lishment of the Union an appeal might have been made to
the Supreme Court of any of the Colonies or to ihe High
Court of the Orange 1'iver Colony from a superior court in
;imy of the Colonies or from the High Court of Southern
332 SOUTH AFRICAN NATIONAL CONVENTION, 1908 — '09.
Rhodesia, the appeal shall be made only to the Appellate
Division of the Supreme Court of South Africa.
104. In every case, civil or criminal, in which at the
establishment of the Union an appeal might have been made
from the Supreme Court of any of the Colonies or from the-
High Court of the Orange River Colony to the King-in-
Council, the appeal shall be made only to the Appellate Divi-
sion of the Supreme Court of South Africa : provided that the
right of appeal in any civil suit shall not be limited by rea;son
only of the value of the matter in dispute or the amount
claimed or awarded in such suit.
105. In every case, civil or criminal, in which at the estab-
lishment of the Union an appeal might have been made from
a court of Resident Magistrate or other inferior court to a
superior court in any of the Colonies, the appeal shall be made
to the corresponding division of the Supreme Court of South
Africa; but there shall be 110 further appeal against any judg-
ment given 011 appeal by such division except to the Appellate
Division of the Supreme Court of South Africa, and then only
if the Appellate Division shall have given special leave to
appeal.
106. There shall be no appeal from the Supreme Court of
South Africa or from any division thereof to the King-in-
Council, but nothing herein contained shall be construed to
impair any right which the King-in-Council may be pleased to
exercise to grant special leave to appeal from the Appellate-
Division to the King-in-Council. Parliament may make
laws limiting the matters in respect of which such special
leave may be asked, but bills containing any such limitation
shall be reserved by the Governor-General for the signification
oi: His Majesty's pleasure.
107. The Chief Justice of South Africa and the Ordinary
Judges of Appeal may, subject to the approval of the Gov-
ernor-General-in-Council, make rules for the conduct of the
proceedings of the Appellate Division of the Supreme Court
of South Africa, and prescribing the time and manner of mak-
ing appeals thereto. Until such rules shall have been pro-
mulgated the rules in force in the Supreme Court of the Cape
of Good Hope at the establishment of the Union shall mutatis
mutandis apply.
108. The Judges of every Provincial Division of the
Supreme Court of South Africa may frame rules for the con-
duct of the proceedings of such division and such rules shall
be subject to the approval of the Governor-General-iii-Coimc1!
in consultation with the Chief Justice of South Africa. Until
sue]) rules shall have been promulgated the rules in force at
the establishment of the Union in the respective courts which
become divisions of the Supreme Court of South Africa shall
continue to applv therein.
109. The Appellate Division of the Supreme Court of South
Africa shall sit in Bloemfontein, but niav from time to time
x F.
for the convenience of suitors hold its sittings at other places-
within the Union.
110. (hi the hearing of appeals from a court consisting of
two or more Judges five .Judges of the Appellate Division shall
form a quorum, but on the hearing of appeals from a single
Judge three Judges of the Appellate Division shall form a
quorum. No Judge shall take part in the hearing of any
appeal against the judgment given in a case heard before
him.
111. The process of the Appellate Division shall run
throughout the Union and all its judgments or orders shall
have full force and e fleet in every Province, and shall be
executed in like manner as if they were original judgments
or orders of the Provincial Division of the Supreme Court of
South Africa in such Province.
112. The Registrar of every Provincial Division of the
Supreme Court of South Africa if thereto requested by any
party in whose favour any judgment or order has been given
or made by any other division shall, upon the deposit with
him of an authenticated copy of such judgment or order and
on proof that the same remains unsatisfied, issue a writ or
other process for the execution of such judgment or order, and
thereupon such writ or other process shall be executed in like
manner as if it had been originally issued from the division of
which he is Registrar.
113. Any Provincial Division of the Supreme Court of
South Africa to which it may be made to appear that any
civil suit depending therein may be more conveniently or fitly
heard or determined in another division may order the same
to be removed to such other division, and thereupon such last-
mentioned division may proceed with such suit in like manner
as if it had been originally commenced therein.
114. The Governor-General-iu-Council may appoint a
Registrar of the Appellate Division of the Supreme Court
of South Africa, and such other officers thereof as shall in the
opinion of the Chief Justice of South Africa be required for
the proper dispatch of the business thereof.
115. (i) The laws regulating the admission of advocates
and attorneys to pra< tise before any superior court of any of
the Colonies shall mutatis mutandis apply to the admission of
advocates and attorneys to practise in the corresponding divi-
sion of the Supreme Court of South Africa.
(ii) All advocates and attorneys entitled at the estab-
lishment of the Union to practise in any superior court of any
of the Colonies shall be entitled to practise as such in the cor-
responding division of the Supreme Court of South Africa.
(iii) All advocates and attorneys entitled to practise
before any Provincial Division of the Supreme Court of South
Africa shall be entitled to practise before the Appellate Divi-
sion.
11G. All suits, civil or criminal, pending in any superior
court of anv of the Colonies at the establishment of the Union
;i;U SorTn AFRICAN NATIONAL CONVENTION, 1908 — '09.
shall stand removed to the corresponding division of the
Supreme Court of South Africa which shall have jurisdiction
to hear and determine the same and all judgments and orders
ot any superior court of any of the Colonies given or made
before the establishment of the Union shall have the same
force and effect as if they had been given or made by the cor-
responding division of the Supreme Court of South Africa.
VII. FINANCE AND RAILWAYS.
117. All revenues, from whatever source arising, over which
the several Colonies have at the establishment of the Union
power of appropriation shall vest in the Governor-General-in-
Council. There shall be formed a Eailway and Harbour
Fund into which shall be paid all revenues raised or received
by the Governor-General-in-Council from the administration
of the railways ports and harbours and such fund shall be
appropriated by Parliament to the purposes of the railways
ports and harbours in the manner prescribed by this Act.
There shall also be formed a Consolidated Revenue Fund
into which shall be paid all other revenues raised or received
by the Governor-General-in-Council and such fund shall be
appropriated by Parliament for the purposes of the Union in
the manner prescribed by this Act arid subject to the charges
imposed thereby.
118. The Governor-General-in-Council shall as soon as may
be after the establishment of the Union appoint a commission,
consisting of one representative from each Province and pre-
sided over by an officer from the Imperial Service, to institute
an inquiry into the financial relations which should exist
between the Union and the Provinces. Pending the com-
pletion of that inquiry and until Parliament otherwise pro-
vides there shall be paid annually out of the Consolidated
Revenue Fund to the Administrator of each Province :
(«) an amount equal to the sum provided in the estimates
for education, other than higher education, in respect of the
financial year 1908-9 as voted by the Legislature of the cor-
responding Colony during the year 1908 ;
(6) such further sums as the Governor-General-in-Council
may consider necessary for the due performance of the services
and duties assigned to the Provinces respectively.
Until such inquiry shall be completed and Parliament shall
have made other provision the Executive Committees in the
several Provinces shall annually submit estimates of their
expenditure for the approval of the Governor-General-in-
Council, and no expenditure shall be incurred by any Execu-
tive Committee which is not provided for in such approved
estimates.
1.19. The Consolidated Revenue Fund shall be permanently
Charged with the costs, charges and expenses incident to the
collection management and receipt thereof and the same shall
)'"i'm the first charge thereon.
APPENDIX F.
120. The annual interest of the public debts of the Colonies-
and any sinking funds constituted by law at the establishment
of the Union shall form the second charge on the Consolidated
Revenue Fund.
121. Subject to the several payments by this Act charged
on the Consolidated Revenue Fund the same shall be appro-
priated by Parliament for the public service.
122. No money shall be withdrawn from the Consolidated
Revenue Fund or the Railway and Harbour Fund except
under appropriation made by law. lint until the expiration,
of two months after the first meeting of Parliament the
Governor-General-in-Council may draw therefrom and expend
such moneys as may be necessary for the public service and
for railway and harbour administration respectively.
123. All stocks, cash, bankers' balances and securities for
money belonging to each of the Colonies at the establishment
of the Union shall be the property of the Union: provided
that the balances of any funds raised at the date of the Union
by law for any special purposes in any of the Colonies shall
be deemed to have been appropriated by Parliament for the
special purposes for which they have been provided.
124. Crown lands public works and all property throughout
the Union, movable or immovable, and all rights of whatever
description belonging to the several Colonies at the establish-
ment of the Union shall vest in the Governor-General-in-
Council subject to any debt or liability specifically charged
thereon.
125. All rights in and to mines and minerals and all rights
in connection with the searching for working for or disposing
of minerals or precious stones which at the establishment of
the Union are vested in the Government of any of the Colonies
shall on such establishment vest in the Governor-General-in-
Council.
126. The Union shall assume all debts and liabilities of the
Colonies existing at the establishment of the Union subject to
the conditions imposed by any law under which such debts or
liabilities were raised or incurred and may convert renew or
consolidate such debts.
127. All ports harbours and railways belonging to the
several Colonies at the establishment of the Union shall from
the date thereof vest in the Governor-General-in-Council. Xo
railway for the conveyance of public traffic and 110 port har-
bour or similar work shall be constructed without the sanction
of Parliament.
128. Subject to the authority of the Governor-General-in-
Council the control and management of the railways ports
and harbours of the Union shall be exercised through a
Board consisting of not more than three commissioners, who
shall be appointed by the Governor-General-iu-Council, and
a minister of state who shall be chairman. Each commis-
sioner shall hold office for a period of five years but may bo
re-appointed. He shall not be removed before the expiration
-336 Soi'Tii AFRICAN NATIONAL CONVENTION, 1908 — '09.
of his period of appointment except by the Governor-General -
in-Council for cause assigned, which shall he communicated
l>y message io both Houses of Parliament within one week
after the removal if Parliament be then sitting or if Par-
liament be not sitting then within one week after the com-
mencement of the next ensuing session. The salarie.s of the
commissioners shall be fixed by Parliament and shall not be
reduced during their respective terms of office.
129. The railways, ports and harbours of the Union shall
be administered on business principles due regard being had
to agricultural and industrial development within the Union
and the promotion, by means of cheap transport, of the settle-
ment of an agricultural and industrial population in the in-
land portions of the Union. So far as may be the total earn-
ings shall be not more than are sufficient to meet the necessary
outlays for working maintenance betterment depreciation and
the payment of interest due on capital not being capital con-
tributed out of railway or harbour revenue, and not including
any sums payable out of the Consolidated Revenue Fund in
accordance with the provisions of sections one hundred and
thirty-two and one hundred and thirty-three. The amount
of interest due on such capital invested shall be paid over
from the Railway and Harbour Fund into the Consolidated
Revenue Fund. The Goveriior-General-in-Council shall give
effect to the provisions of this section within four years after
the establishment of the Union.
130. The Board may establish a fund out of railway and
harbour revenue to be used for maintaining as far as may be
'uniformity of rates notwithstanding fluctuations in traffic.
131. All balances standing to the credit of any fund estab-
lished in any of the Colonies for railway or harbour purposes
at the establishment of the Union shall be under the sole
control and management of the Board and shall be deemed to
have been appropriated by Parliament for the respective pur-
poses for which they have been provided.
132. Every proposal for the construction of any port or
harbour works or of any line of railway before being submitted
t(. Parliament shall be considered by the Board, which shall
report thereon and shall advise whether the proposed works
or line of railway should or should not be constructed. If
any such works or line shall be constructed contrary to the
advice of the Board, and if the Board is of opinion that the
revenue derived from the operation of such works or line will
be insufficient to meet the costs of working and maintenance
•and of interest on the capital invested therein, it shall frame
a. P. estimate of the annual loss which in its opinion will result
from such operation. Such estimate shall be examined by
ilie Controller and Auditor-General, and when approved by
him the amount thereof shall be paid over annually from the
Consolidated Revenue Fund to the Railway and Harbour
Fund : provided that if in any year the actual loss incurred as
•••alculated bv the Board and certified to by the Controller and
APPENDIX F. 337
.Auditor-General is less than the estimate framed by the
Board the amount paid over in respect of that year shall be
reduced accordingly so as not to exceed the actual loss in-
curred. In calculating the loss arising from the operation of
any such work or line the Board shall have regard to the
value of any contributions of traffic to other parts of the sys-
tem which may be due to the operation of such work or line.
133. If the Board shall be required by the Governor-
General-in-Council or under any act of Parliament or resolu-
tion of both Houses of Parliament to provide any services or
facilities either gratuitously or at a rate of charge which is
insufficient to meet the costs involved in the provision of such
services or facilities, the Board shall at the end of each finan-
cial year present to Parliament an account approved by the
Controller and Auditor-General showing as nearly as can be
ascertained the amount of the lo-ss incurred by reason of the
provision of such services and facilities and such amount
shall be paid out of the Consolidated Kevenue Fund to the
Hail way and Harbour Fund.
134. The Governor-General-in-Council shall appoint a Con-
troller and Auditor-General who shall hold office during good
behaviour: provided that he shall be removed by the Gov-
•ernor-General-iii-Council on an address praying for such
removal presented to the Governor-General by both Houses
of Parliament : provided further that when Parliament is not
in session the Governor-General-in-Council may suspend such
officer on the ground of incompetence or misbehaviour; and
when and so often as such suspension shall take place a full
statement of the circumstances shall be laid before both
Houses of Parliament within fourteen days after the com-
mencement of its next session ; and if an address shall at any
time during the session of Parliament be presented to the
Governor-General by both Houses praying for the restoration
to office of such officer he shall be restored accordingly; and if
no such address be presented the Governor-General shall con-
firm such suspension and shall declare the office of Controller
and Auditor-General to be and it shall thereupon become
vacant. Tntil Parliament shall otherwise provide the Con-
troller and Auditor-General shall exercise such powers and
functions and undertake such duties as may be assigned to
him by the Governor-General-in-Council by regulations
framed in that behalf.
135. In order to compensate Pietermaritxburg and Hloem-
fontein for any loss sustained by them in the form of diminu-
tion of prosperity or decreased rateable value by reason of
their ceasing to be the seats of government of their respective
Colonies there shall be paid from the Consolidated Revenue
Fund for a period not exceed inn- twenty-five years to the
municipal councils of such towns a grant' of two /,<•/• ccntin/i
JHT annum on their municipal debts as exist intr on the 31st
January, 11)09, and as ascertained by the Controller and
Auditor-General. The Commission appointed under section
338 Sorxn AFRICAN NATIONAL CONVENTION, 1908 — '09.
one hundred and eighteen shall, after due inquiry, report
to the Governor-General-in-Council what compensation should,
be paid to the municipal councils of Cape Town and Pretoria
for the losses, if any, similarly sustained by them. Such
compensation shall be paid out of the Consolidated Revenue
Fund for a period not exceeding twenty-five years, and shall
not exceed one 2)er centum per annum on the respective muni-
cipal debts of such towns as existing on the 31st January,
1909, and as ascertained by the Controller and Auditor-Gen-
eral. For the purposes of this section Cape Town shall be
deemed to include the municipalities of Cape Town Green
Point and Sea Point Woodstock Mowbray llondebosch Clare-
inont and Wynberg and any grant made to Cape Town shall
be payable to the Councils of such municipalities in propor-
tion to their respective debts. One half of any such grants
shall be applied to the redemption of the municipal debts of
such towns respectively. At any time after the tenth annual
grant has been paid to any of such towns the Governor-
General-in»Council with the approval of Parliament may
after due inquiry withdraw or reduce the grant to such town.
VIII. GENERAL.
13G. The election of senators and of members of the House
of Assembly the Provincial Councils and the Executive Com-
mittees of the Provincial Councils as provided in this Act
shall, whenever such election is contested, be according to the
principle of proportional representation each voter having
one transferable vote. The Govenior-General-in-Council or
in the case of the first election of the Senate the Governor-in-
Council of each of the Colonies shall frame regulations pre-
scribing the method of voting and of transferring and count-
ing votes and the duties of returning officers in connection
therewith and such regulations or any amendments thereof
after being duly promulgated shall have full force and effect
unless and until Parliament shall otherwise provide.
137. Subject to the provisions of this Act all laws in force
in the several Colonies at the establishment of the Union shall
continue in force in the respective Provinces until repealed
or amended by Parliament or by the Provincial Councils in
matters in respect of which the power to make ordinances is
reserved or delegated to them. All legal commissions in the
several Colonies at the establishment of the Union shall con-
tinue as if the Union had not been established.
138. Both the English and Dutch languages shall be official
languages of the l.'nion and shall be treated on a footing
of equality and possess and enjoy equal freedom rights and
privileges; all records journals and proceedings of Parlia-
ment shall be kept in both languages and all bills acts and
notices of general public importance or interest issued by the
Government of the Union shall be in both languages.
13!). All persons of European descent who have been natur-
aliM-d in any oF the Colonies shall be deemed to be naturalised.
throughout the Union.
APPENDIX F. 339
140. The administration of justice throughout the Union
.shall be under the control of a minister of state in whom
shall be vested all powers authorities and functions which
shall at the establishment of the Union be vested in the At-
torneys-General of the Colonies, save and except all powers
authorities and functions relating to the prosecution of
crimes and offences, which shall in each Province be vested
in an officer to be appointed by the Governor-General-in-
(Jouncil and styled the Attorney-General of the Province,
who shall also discharge such other duties as may be assigned
to him by the Governor-General-in-Council.
141. Subject to the provisions of the next succeeding section
all officers of the public service of the Colonies shall at the
establishment of the Union become officers of the Union.
142. (i) As soon as possible after the establishment of the
Union the Governor-General-in-Council shall appoint a public
service commission to make recommendations for such re-or-
ganisation and re-adjustment of the departments of the
public service as may be necessary. The commission shall
also make recommendations in regard to the assignment of
officers to the several Provinces.
(ii) The Governor-General-in-Council may after such
commission has reported assign from time to time to each
Province such officers as may be necessary for the proper dis-
charge of the services reserved or delegated to it and such
officers on being so assigned shall become officers of the Pro-
vince. Pending the assignment of such officers the Governor-
General-in-Council may place at the disposal of the Provinces
the services of such officers of the Union as may be necessary.
(iii) The provisions of this section shall not apply to
any service or department under the control of the Railway
and Harbour Board or to any person holding office under the
Board.
143. After the establishment of the Union the Governor-
General-in-Council shall appoint a permanent public service
commission with such powers and duties relating to the ap-
pointment discipline retirement and superannuation of public
officers as Parliament shall determine.
144. Any officer of the public service of any of the Colonies
at the establishment of the Union who is not retained in the
service of the Union or assigned to that of a Province shall
be entitled to receive such pension gratuity or other compen-
sation as he would have received in like circumstances if the
Union had not been established.
14o. Any officer of the public service of any of the Colonies
at the establishment of the Union who is retained in the ser-
vice of the Union or assigned to that of a Province shall re-
lain all his existing and accruing rights uml shall l>e entitled
to retire from the service at the time at and on the pension
or retiring allowance to which he would have been entitled bv
law in like circum>tances if the Union had not been estab-
lished.
340 Sorm AFKK AX NATIONAL CONVENTION, 1908— '09.
14(>. The services of officers in the public service of any of
the Colonies at the establishment of the Union shall not be
dispensed with by reason of their want of knowledge of either
the English or Dutch language.
147. Any permanent officer of the Legislature of any of the
Colonies who is not retained in the service of the Union or
assigned to that of any Province and for whom no provision
shall have been made by such Legislature shall be entitled
to such pension gratuity or compensation as Parliament may
determine.
148. The control and administration of native affairs
throughout the Union shall vest in the Governor-Geiieral-in-
Council, who shall exercise all special powers in regard to
native administration hitherto vested in the Governors of the
Colonies or exercised by them as supreme chiefs.
149. All rights and obligations under any conventions or
agreements which are binding 011 any of the Colonies shall
devolve upon the Union at its establishment.
IX. NEW PROVINCES AXD TERRITORIES.
150. Parliament may alter the boundaries of any Province
divide a Province into two or more Provinces or form a new
Province out of Provinces or Territories within the Union on
the petition of the Provincial Council of every Province whose
boundaries are affected thereby.
151. The King with the advice of the Privy Council may
on addresses from the Houses of Parliament of the Union
admit into the Union Colonies not originally included therein
and Territories including the Territories administered by the
British South Africa Company on such terms and conditions
as to representation and otherwise in each case as are expressed
in the addresses and approved by the King and the provisions
of any Order-in-Council in that behalf shall have effect as if
they had been enacted by the Parliament of the United King-
dom of Great Britain and Ireland.
152. The King with the advice of the Privy Council may on
addresses from the Houses of Parliament of the Union trans-
fer to the Union the government of any Territories, other
than the Territories administered by the British South Africa
Company, belonging to or under the protectorate of His
Majesty and inhabited wholly or in part by natives and upon
such transfer the Governor-General-in-Council may under-
take the government of such Territory upon the terms and
conditions embodied in the schedule to this Act.
X. AMENDMENT OF THIS ACT.
lo;). Parliament may by law repeal or alter any of the pro-
viMnns of this Act: provided that no provision thereof, for
the operation of winch a definite1 period of time is prescribed,
shall during such period be repealed or altered: and provided
further thai no repeal or alteration of the provisions contained
in tli is section or in sections thirty-two and thirty-three (until
APPENDIX F. 34 T
the number of members of the House of Assembly has reached
the limit therein prescribed or until a period of ten years
has elapsed after the establishment of the Union, whichever
is the longer period ) or in sections thirty-five and one hundred
and thirty-eight, shall be valid unless the bill embodying
such repeal or alteration shall be passed by both Houses of
Parliament sitting together and at the third reading be
agreed to by not less than two-thirds of the total number of
members of both Houses. A bill so passed at such joint sit-
ting shall he taken to have been duly passed by both Houses
of Parliament.
SCHEDULE.
1. After (lie transfer of the government of any Territory
belonging to or under the protectorate of His Majesty the
Governor-General-in-Council shall be the legislative authority
and may by proclamation make laws for the peace order and
good government of such Territory: provided that all such
laws shall be laid before both Houses of Parliament within
seven days after the issue of the proclamation or, if Parlia-
ment be not then sitting, within seven days after the begin-
ning of the next session, and shall be effectual unless and
until both Houses of Parliament shall by resolution request
the Governor-General-in-Council to repeal the same, in which
case they shall be repealed by proclamation.
2. The Prime Minister shall be charged with the adminis-
tration of any Territory thus transferred, and he shall be ad-
vised in such administration by a commission consisting of not
fewer than three members with a secretary to be appointed by
t he Governor-General-in-Council.
'3. The members of the commission shall be appointed by
the Governor-General-in-Council and shall be entitled to hold
office for a period of ten years, but such period may be ex-
tended to successive further terms of five years. They shall
each be entitled to a fixed annual salary which shall not be
reduced during the continuance of their term of office and
they shall not be removed from office except upon addresses
from both Houses of Parliament. They shall not be eligible
to become members of either House of Parliament. One of
the members of the commission shall be appointed by the
Governor-General-in-Council as vice-chairman thereof. In
case of the absence illness or other incapacity of any member
of the commission the Governor-General-in-Council may ap-
point some other iit and proper person to act during such
absence illness or other incapacity.
4. It shall be the duty of the members of the commission to
advise the Prime Minister upon all matters relating to the
administration of or the legislation for the said Territories.
The Prime Minister or another minister of state1 as his deputv
or, failing them, the vice-chairman shall preside at all meet-
ings of the commission and in case of an equal it v of votes
shall have a casting vote. Two members of the commission
::342 SOUTH AFRICAN NATIONAL CONVENTION, 1908 — '09.
shall with the Prime Minister or his deputy form a quorum.
In case the commission shall consist of four or more members
three of them with the Prime Minister or his deputy shall
form a quorum.
5. Any member of the commission who dissents from the
decision of a majority shall be entitled to have the reasons
for his dissent recorded in the minutes of the commission.
6. The members of the commission shall have access to all
official papers concerning the Territories and they may de-
liberate on any matter relating thereto and tender their ad-
vice thereon to the Prime Minister.
7. Before coming to a decision on any matter relating
either to the administration, other than routine, of the Ter-
ritories or to legislation therefor, the Prime Minister shall
cause the papers relating to such matter to be deposited with
the secretary to the commission and shall convene a meeting
of the commission for the purpose of obtaining its opinion
on such matter.
8. Where it appears to the Prime Minister that the dispatch
of any communication or the making of any order is urgently
required, the communication may be sent or order made, al-
though it has not been submitted to a meeting of the commis-
sion or deposited for the perusal of the members thereof. In
any such case the Prime Minister shall record the reasons for
sending the communication or making the order and give
notice thereof to every member.
9. If the Prime Minister does not accept a recommendation
of the commission or proposes to take some action contrary to
their advice he shall state his views to the commission who
shall be at liberty to place on record the reasons in support of
their recommendation or advice. This record shall be laid
by the Prime Minister before the Governor-General-in-Coun-
cil, whose decision in the matter shall be final.
10. When the recommendations of the commission have not
been accepted by the Governor-General-in-Coimcil or action
not in accordance with their advice has been taken by the
Governor-Geiieral-iii-Council, the Prime Minister, if thereto
requested by the commission, shall lay the record of their dis-
sent from the decision or action taken and of the reasons
therefor before both Houses of Parliament, unless in any case
the Governor-General-in-Council shall be of opinion that the
publication of such record and reasons would be gravely de-
trimental to the public interest.
11. The Governor-General-in-Council shall appoint a Resi-
dent Commissioner for each Territory, who shall, in addition
lo such other duties as shall be imposed on him by the
Governor-General-in-Council, prepare the annual estimates of
revenue and expenditure for such Territory and forward the
same to the Prime Minister. After such estimates have been
submitted 10 the commission and approved of or amended by
ihc 1'rime Minister, the Resident Commissioner shall, sub-
ject to regulations to be framed in that behalf bv the Gov-
APPENDIX F.
ernor-General-in-Council, act in accordance with such
estimates.
12. There shall he paid into the Treasury of the Union all
duties of customs levied on dutiahle articles imported into
and consumed in the Territories, and there shall be paid out
of the Treasury annually towards the cost of administration
of each Territory a sum in respect of such duties which shall
bear to the total customs revenue of the Union in respect of
each financial year the same proportion as the average
amount of the 'customs revenue of such Territory for the
three completed financial years last preceding the taking effect
of this Act bore to the average amount of the whole customs
revenue for all the Colonies and Territories included in the
Union received during the same period.
T-\. In case the revenue of any Territory for any financial
year shall be insufficient to meet the expenditure, any amount
required to make good the deficiency shall be advanced by the
Government of the Union. In case there shall be a surplus
for any Territory such surplus shall in the first instance be
devoted to the repayment of any sums previously advanced by
the Union Government to make good any deficiency in such
Territory and thereafter it shall be lawful for the Governor-
General-iii-Council to lend the whole or any part of such
surplus to another Territory.
14. It shall not be lawful to alienate any land in Basutoland
or any land forming part of the native reserves in the
Bechuanaland Protectorate and Swaziland from the native
tribes inhabiting those Territories.
In. The sale of liquor to natives shall be prohibited in the
Territories.
10. The custom, where it exists, of holding pitsos or other
recognised forms of native assembly shall be maintained in
the Territories.
17. Xo differential duties or imposts on the produce of the
Territories shall be levied. The laws of the Union relating
to customs and excise shall be made to apply to the Terri-
tories.
18. There shall be free intercourse for the black and white
inhabitants of the Territories with the rest of South Africa
subject to the laws, including the pass laws, of the Union.
19. Subject to the provisions of this schedule all revenues
derived from any Territory shall be expended for and on
behalf of such Territory: provided that the Governor-General-
in-Council may make special provision for the appropriation
of a portion of such revenue as a contribution towards the cost
of defence and other services performed by the Union for the
benefit of the whole of South Africa.
20. The King may disallow any law made by the Governor-
General-in-Council bv proclamation for any Territory within
one year from the date of the proclamation, and such disal-
lowance on being made known by the Governor-General In
344 Soi TII AFRICAN NATIONAL CONVENTION, 1908 — '09.
proclamation shall annul the law from the day when the dis-
allowance is so made known.
2.1. The members of the commission shall be entitled to
such pensions or superannuation allowances as the Governor-
General-in-Council shall by proclamation provide, and the
salaries and pensions of such members and all other expenses
of the commission shall be borne by the Territories in the pro-
portion of their respective revenues.
22. The rights as existing on the 16th December, 1908, of
civil servants employed in any Territory shall remain in
force.
23. Where any appeal may by law be made to the King-in-
Council from any Court of the Territories such appeal shall
subject to the provisions of this Act be made to the Appellate
Division of the Supreme Court of South Africa.
24. The Governor-General-in-Council shall prepare an an-
nual report on the Territories and lay the same before both
Houses of Parliament.
25. All bills to amend or alter the provisions of this
schedule shall be reserved for the signification of His
.Majesty's pleasure.
GAPE OF GOOD HOPE :—
J. H. DE VILLIERS, President.
JOHN X. MERRIMAN.
J. W. SAUER,
F. S. MALAN.
L. S. JAMESON.
T. W. SMARTT.
E. H. WALTON.
W. E. M. STANFORD.
J. W. J AGGER.
H. C. VAN HEERDEN.
G. H. MAASDORP.
J. H. M. BECK.
NATAL :-
E. R. MOOR.
E. M. GREENE.
T. HYSLOP.
C. J. SMYTHE.
T. WATT.
TRANSVAAL :-
LOUIS BOTHA.
J. C. SMUTS.
II. C. HULL.
G. H. EARRAR.
J. P. FIT/PATRICK.
IL L. LINDSAY.
S. W. BTRGER,
T. if. DE LA REY.
APPENDIX F. 345
ORANGE RIVER COLONY :-
A. FISCHER.
M. T. STKYN, Vice-President.
J. B. M. HE11TZOG.
C. R. DE WET.
A. BROWNE.
RHODESIA :—
W. H. MILTON.
L. L. MICILKLL.
C. P. J. COGHLAN.
Convention Chambers,
Houses of Parliament, Cape Town,
3rd February, 1909.
[G]
RESOLUTIONS AND AMENDMENTS TO DRAFT ACT ADOPTED BY
THE VARIOUS PARLIAMENTS DURING THE SESSIONS HELD IN
APRIL, 1909,
CAPE OF GOOD HOPE.
This House approves of the Draft South Africa Act agreed
to by the South African National Convention at Cape Town,
on the 3rd February, 1909, subject to the following: —
i. That with regard to the proviso in section thirty-nine :
(a) The delimitation of divisions in which less than three
members shall be returned be obligatory in all cases of
sparsely populated areas;
(6) The term " sparsely populated areas " be clearly
defined ;
ii. That the meaning and intent of the Draft Act in regard
to the cases in which the quota of voters may be departed
from in the delimitation of electoral divisions referred to in
paragraph (c) of sub-section (iii) of section forty be more-
clearly expressed so as to ensure that the departure from the
quota shall not be in the discretion of the Commissioners, but
shall be made in accordance with the considerations set forth
in section forty, sub-section (iii) (o), (6), (c), (d") and (e), so
that in sparsely populated areas as nearly as possible fifteen
per cent, less voters than the quota and in densely populated
areas as nearly as possible fifteen per cent, more voters than
the quota shall be entitled to a member, and that areas not
falling within either of the above descriptions be dealt with
on a sliding scale of departure from the quota made in
accordance with the above consideration and within the limit
of percentage referred to, and that the terms '' sparsity or
density of population " be clearly denned:
iii. That an alteration be made in the constitution of the
Provincial Councils by providing for the election of members
by single member constituencies; that provision be made for
defining the qualification of membership of such Councils,.,
346 SOUTH AFRICAN NATIONAL CONVENTION, 1908 — '09.
and that such members be elected for five years instead of
throe years.
iv. That the following recommendations be submitted for
the consideration of the South African National Convention :
(//) That at the end of sub-section (ii) section twenty-three
the words " for ten years " be omitted, and the words " until
the completion of the period for which the person in whose
stead he is nominated would have held his seat " be substi-
tuted in lieu thereof.
(6) That in section sixty-four, after the word " Act " and
before the word " that " the following be inserted: " and to
such instructions as may from time to time be given in that
behalf by His Majesty, his heirs or successors."
(c) That in section ninety-six the words " from time to
time be temporarily " be omitted, and the word " be " be in-
serted in lieu thereof; and that the wrords " or local " be in-
serted after the word " Provincial."
(d) To expunge section ninety-seven, and to substitute the
following: "The Governor-General-in-Council may during
the absence, illness or other incapacity of the Chief Justice of
South Africa, or any ordinary or additional Judge of Appeal,
appoint any other Judge of the Supreme Court of South
Africa to act temporarily as such Chief Justice, Ordinary
Judge of Appeal, or Additional Judge of Appeal, as the case
may be."
(e) To add at the end of section one hundred and three the
following: " Provided that the provisions of this section shall
not apply to appeals against judgments on interlocutory ap-
plications or 011 matters of procedure in civil cases or to ques-
tions of law reserved by a Judge presiding at Criminal
Sessions."
(/) To expunge section one hundred and eight, and substi-
tute the following: " The Chief Justice and other -Judges of
the Supreme Court of South Africa may, subject to the ap-
proval of the Governor-Geiieral-in-Council, frame rules for
the conduct of the proceedings of the several Provincial and
Local Divisions. Until such rules shall have been promulgated
the rules in force at the establishment of this Union in the
respective Courts which become divisions of the Supreme
Court of South Africa shall continue to apply therein."
(()} That in section one hundred and thirteen, after the
word " Provincial " the Avords " or local " be inserted.
(7i) That the meaning and intent of section one hundred
and thirty-eight be more clearly expressed, so as to ensure the
application of the principle of equality of the English and
Dutch languages to the Provincial Councils, and Courts of
Justice and the Public Service generally.
NATAL.
i. That this House approves of the Draft South Africa Act
agreed to by the South African National Convention at Cape
Town on the -'3rd February, 1909, subject to certain amend-
ments, and with certain resolutions in regard to the same.
APPENDIX G. 347
ii. Resolutions :
That this House hereby instructs the delegates to the
National Convention to do all in their power to preserve in-
tact the liberal provisions regarding the franchise contained
in the draft Act of Union, and to strenuously oppose any at-
tempt to limit or alter those clauses which provide for equal
political rights.
That it be an instruction to the Natal Delegates that upon
the reassembling of the Convention, they use their best en-
deavours to arrange for an inter-Colonial treaty, providing:
(a) That, any Treaty notwithstanding, no part of the Union
shall, in regard to commerce, industry, or agriculture, be
placed in a worse position than an outside State or Power.
(6) That the products of any State or Power outside the
Union, the manufacture or exploitation of which may be as-
sisted by any bounty or equivalent thereto, shall not be ad-
mitted at a lower duty than shall be equal to the amount of
such bounty.
iii. Amendments :
(a) Section 32: The words " until the total number of
members of the House of Assembly in respect of the Provinces
herein provided for reaches one hundred and fifty, or until a
period of ten years has elapsed after the establishment of the
Union, whichever is the longer period," to be omitted.
(1}} Section S2 : After the word " present," the words " and
in case of an equality of votes the Administrator shall have
also a casting vote" to be omitted, and the words "other
than the Administrator, who shall, however, have and exer-
cise a casting vote in the case of an equality of votes," sub-
stituted in lieu thereof.
(r) Section 126n : New Section to follow section one hun-
dred and twenty-six :
126A. There shall at all times be absolute Free Trade
throughout the Union.
(d) 'Section 72S : After the word " not " the word " more "
to be omitted, and the word "less" substituted in lieu
thereof.
(c) Section 729: After the word " development " the words
" within the Union " to be omitted; after the word " popula-
tion " the words " in the inland portions of " to be omitted
and the word " throughout " substituted in lieu thereof; and
the following proviso to be added at the end of the section:
' Provided that, notwithstanding the provisions of section
one hundred and seventeen, it shall be lawful for Parliament,
on the recommendation of the Governor-General, to vote for
the general purposes of the Union a portion of the revenues of
the Railway and Harbour Fund until the provisions of this
section shall have come into force, and any' moneys so voted
shall become part of the Consolidated Revenue Fund."
(/) Section 13 ~) : The words "At any time after the tenth
annual grant has been paid to any such towns the Governor-
General-in-Coimcil, with the approval of Parliament, may
r348 SOUTH AFRICAN NATIONAL CONVENTION, 1908 — '09.
after due inquiry withdraw or reduce the grant to such
town," at the end of the section to be omitted.
(iy) Section 136: After the word "Councils" the words
" and the Executive Committees of the Provincial Councils "
to be omitted.
(//.) Section 148a : New section to follow section one hun-
dred and forty-eight :
148A. Xo law providing for the prohibition of the sale and
use of intoxicating liquor to natives in any of the Provinces
of the Union shall be altered or repealed excepting by a
majority of two-thirds of both Houses of Parliament sitting
together.
(/) Section 149: After the word "agreements" the words
'' including the Railway Agreement, dated 2nd February,
1909, entered into between the Government of the Transvaal
and the Governments of the Cape Colony and Natal " to be
inserted.
(j] Section 153: After the word " law " the words " which
must be passed by an absolute majority of each House of Par-
liament " to be inserted; after the words "thirty-two" the
word " and " to be omitted; in the same line after the words
"thirty-three " the words " (until the number of members of
the House of Assembly has reached the limit therein prescribed
or until a period of ten years has elapsed after the establish-
ment of the Union, whichever is the longer period) or in sec-
tions " to be omitted; and after the words "thirty-five" the
words " seventy, seventy-one " to be inserted.
(/•) Schedule: In paragraph 18 the words "black and
white " to be omitted.
TRANSVAAL.
That this House approves of the Draft South Africa Act
agreed to bv the South African National Convention at Cape
Town on the 3rd February, 1909.
GRANGE RIVER COLONY.
i. This House, whilst reserving for deliberation whether
any, and if so, what amendments are deemed desirable to be
recommended to the consideration of the Convention at its
next session, approves of the Draft South Africa Act agreed
to by the South African National Convention at Cape Town
on the 3rd February, 1909.
ii. Amendments recommended :
(a] That through the delegates of this Colony be recom-
mended for consideration of the Convention at its next session
the necessity for more clearly expressing the meaning and in-
tent of the Draft Act in regard to the cases in which the
quota of voters may be departed from (to the extent of not
exceed ing 15 per cent, one way or the other) in the delimita-
tion of electoral divisions referred to in sub-section (e] of
•section three of Clause Forty of the Draft Act.
(b) That through the delegates of this Colony the Conven-
APPENDIX (j. 349
tion be recommended to consider the desirability of provision
being made for qualifications for members of Provincial
Councils.
(/•) That through the delegates of this Colony the Conven-
tion be recommended to consider the advisability of amending
section ninety-six of Chapter VI. " Supreme Court of South
Africa," as follows:— To insert the words "or local" after
the word " Provincial."
[H]
SECOND REPORT OF THE CONVENTION WITH AMENDMENTS TO
DRAFT ACT MADE AT BLOEMFONTEIN PRIOR TO ITS FINAL
ADOPTION,
I. The delegates to the South African National Convention
have the honour to report to the respective Parliaments which
appointed them, that at the session recently held at Bloeinfon-
tein they have considered the amendments and resolutions
adopted by the Parliaments of the several Colonies, as well
as other amendments proposed at that session, and have
agreed to the following : —
.Section Sir.
After " of them " to insert " or of any place in them."
. Section Twenty-Three.
After " shall " where it first occurs to insert " in respect
of the original Provinces."
Section I icen ty-Six.
After "writing" to insert "under his hand."
Section Thirty -Three.
In sub-section (i) after " Union " to omit " not being mem-
bers of His Majesty's regular forces on full-pay"; in sub-
section (vi) to add at the end " not being members of His
Majesty's regular forces on full pay"; and in sub-section (vii)
after " adults " to omit " not being members of His Majesty's
regular forces on full pay."
Sect ion Tli irty-Fi re.
In sub-section (i) after " so registei'ed " to insert " in
the Province of the Cape of Good Hope."
Section Tli irty-Se rcn .
In sub-section (i) to omit "at" before "elections" and
substitute "in connection with": and after '"elections" to
insert ''election expenses, corrupt and illegal practices."
Section Tli irty-Eigh t .
After " Governor-in-Couiicil ' to omit "who nominated
him" and substitute "of the Colony in respect of which he
was nominated."
Section I h /rtij-Xinc.
To omit all the words after "returning" to the end, and
insert " one member."
To omit sub-section (ii) and substitute:
(ii) Each Province shall be divided into electoral divisions
in such a manner that each such division shall, subject to the
350 SOUTH AFRICAN NATIONAL CONVENTION, 1908 — '09.
provisions of sub-section (iii) of this section, contain a num-
ber of voters as nearly as may be equal to the quota of the
Province.
Section Forty-Two.
In sub-section (i) (a) after " boundaries of " to omit " and
the number of members assigned to " ; and in sub-section (iii)
after " divisions " to omit " and the number of members as-
signed to each division."
Section Forty-Six.
After " writing " to insert " under his hand."
Section Fifty-Three.
In sub-section (a) after " convicted of " to omit "treason,
murder or"; before "offence" to insert "crime or"; and
after " received " to insert " a grant of amnesty or."
Section Fifty-Six.
After "allowance of" to omit "three" and substitute
" four " ; and after " sum of " to omit " two " and substitute
"three."
Section Sixty-Four.
After " Act " to insert " and to such instructions as may
from time to time be given in that behalf by the King"; and
after " pleasure " to insert " All Bills repealing or amending
this section or any of the provisions of Chapter IV. under the
heading " House of Assembly " and all Bills abolishing Prov-
incial Councils or abridging the powers conferred on Provin-
cial Councils under section eighty-five otherwise than in ac-
cordance with the provisions of that section shall be so re-
served."
Section Seventy.
To divide the section into two sub-sections, the first remain-
ing as printed and the second being a new sub-section, as
follows :
(ii) Any person qualified 'to vote for the election of mem-
bers of the Provincial Council shall be qualified to be a mem-
ber of such Council.
Section Seventy-Five.
After "elect" to omit "its own" and substitute "from
among its members a."
Section Seventy -Eight.
In sub-section (i), after "otherwise" to omit from "such
number " down to " Province," where it first occurs, and
substitute " four persons."
Sectio n Ei (jl> ty-Fi ve .
In sub-section (vii) after "railways" to insert "and";
ami after " harbours and " to insert " other than."
Section ^ inety-Fire.
To omit " Chief Justices and."
AWENUIX H. 351
^Section Ninety -Six.
After " shall " to oinit " from time to time be temporarily "
and substitute be "; and after " Provincial " to insert " or
Local."
.Section Ninety-Seven.
Omitted.
New Section (in lieu thereof).
97. The Governor-General-in-Council may during the
absence, illness or other incapacity of the Chief Justice of
South Africa, or any Ordinary or Additional Judge of Ap-
peal, appoint any other Judge of the Supreme Court of South
Africa to act temporarily as such Chief Justice, Ordinary
Judge of Appeal, or Additional Judge of Appeal, as the case
may be.
Section Ninety -Eight.
To add at the end of sub-section (i) " and shall each be
presided over by a Judge President."
Section Ninety-Nine.
To add at the end : " The Chief Justices of the Colonies
holding office at the establishment of the Union shall on such
establishment become the Judges President of the divisions
of the Supreme Court in the respective Provinces, but shall
so long as they hold that office retain the title of Chief Jus-
tice of their respective Provinces."
Section One Hundred and Three.
To read as follows : —
103. In every civil case in which, at the establishment of
the Union, an appeal might have been made to the Supreme
Court of any of the Colonies from a Superior Court in any of
the Colonies, or from the High Court of Southern Rhodesia,
the appeal shall be made only to the Appellate Division; ex-
cept in cases of orders or judgments given upon applications
by way of motion or petition or on summons for provisional
sentence or judgments as to costs only which by law are left
to the discretion of the Court. The appeal from any such
orders or judgments as well as any appeal in criminal cases
from any such Superior Court, or the special 'reference by any
such Court of any point of law in a criminal case shall be
made to the Provincial Division corresponding to the Court
which before the establishment of Union would have had
jurisdiction in the matter. There shall be no further appeal
against any judgment given on appeal by such Provincial
Division except to the Appellate Division and then only if the
Appellate Division shall have given special leave to appeal.
Section One Hundred and Four.
To omit " of the Supreme Court of South Africa." where
it occurs a second time.
Scclion One Hundred and Fire.
To omit " of the Supreme Court of South Africa," where
it occurs a second time.
352 SOUTH AFRICAN NATIONAL CONVENTION, 1908 — '09.
Section One Hundred and Seven.
To omit " of the Supremo Court of South Africa."
Section One Hundred and Eiaht.
Omitted.
New Section (in lieu thereof).
108. The Chief Justice and other Judges of the Supreme
Court of South Africa may, subject to the approval of the
Governor-General-in-Council, frame rules for the conduct of
the proceedings of the several Provincial and Local Divisions.
Until such rules shall have been promulgated the rules in
force at the establishment of the Union in the respective
Courts which become Divisions of the Supreme Court of Sou'h
Africa shall continue to apply therein.
Section One Hundred, and Nine.
To omit "of the Supreme Court of South Africa."
Section One Hundred and Thirteen.
After " Provincial " to insert " or Local."
Section One Hundred and Fourteen.
To omit "of the Supreme Court of South Africa"; and
after "shall'" to omit "in the opinion of the Chief Justice
of South Africa."
Section One Hundred and Nineteen.
Omitted.
Section One Hundred and Twenty.
After "form" to omit "the second" and substitute "a
first."
Section One Hundred and Twenty-One.
Omitted.
Section One Hundred and Twenty-Six.
Omitted.
New Section (in lieu thereof).
126. The Union shall assume all debts and liabilities of the
Colonies existing at its establishment subject to the conditions
imposed by any law under with such debts or liabilities were
raised or incurred, and without prejudice to any rights of
security or priority in respect of the payment of principal,
interest, sinking fund and other charges conferred on the cre-
ditors of any of the Colonies, and may, subject to such condi-
tions and rights, convert, renew or consolidate such debts.
Section One Hundred and Twenty-Nine.
After "portions of" to insert "all Provinces of"; and
to omit all the words from " The Governor-General-in-Coun-
cil " to the end, and insert the following: — "The Governor-
General-in-Council shall give effect to the provisions of this
section as soon as and at such time as the necessary adminis-
irative and financial arrangements can be made, but in any
case shall give full effect to them before the expiration of
four years from the establishment of the Union. During such
period if the revenues accruing to the Consolidated Revenue
A iM'Kx DI x i[. •">•">•>
Fund are insufficient to provide for the general service of the
I'nion and if the earnings act-ruing to the Railway and Har-
bour Fund are in excess of the outlays specified herein Par-
liament may bv law appropriate such excess or any part thereof
towards the general expenditure of the I'nion, and all sums
so appropriated shall be paid over to the Consolidated Revenue
Fund. "
Section One Jfundred and I liii'tij.
To insert at the beginning "Notwithstanding anything to
the contrary in the last preceding section."
Sect ton (hie Hundred and Tli irty-Si.r.
After " members " to omit " House of Assembly, the Pro-
vincial Councils and the."
.\ tir Serfton (to follow Section ( )ne Hundred and 'llnrtv-
Sevcn).
l:>7v. '('here shall be Free Trade throughout the ( nion, but
until Parliament otherwise provides the duties of customs and
excise leviable under the laws existing in any of the Colonies
at the establishment of the (nion shall remain in force.
Section One Hundred and I flirty-.} inc.
After "persons" to omit "of European descent."
Seel/on One Hundred and Forty.
To add at the end:— " provided that in the Province of the
Cape of Good Hope the Solicitor-General for the Eastern Dis-
tricts and the Crown Prosecutor tor Griqualand \Vest shall
respectively continue to exercise the powers and duties by law
vested in them at the time of the establishment of the
I nion."
.\<ctton (hn- Hundred mid forty-fire.
After " time at " to insert " which he would have been en-
t it led by law to retire. "
•^(clton One Hundred mid Forhj-.\ 'inc.
To divide the section into two sub-sections, the iir^t remain-
ing as printed and the second being a new sub-section, a-
follows :-
11) 'the provisions of the Railway Agreement between the
Governments of the Transvaal, the ('aj)e of (iood Hope and
Xatai. dated the 'Jnd February, li)()9, shall as Far as practic-
able be given effect to by the Government of the I'nion.
Sc/l III ///('.
In paragraph IS to omit " black and white.
II. The Draft Act as finally adopted by the Convention i-
attached to thi^ report.
III. The ('(invention would further recommend that the
de!eo-;ite> to be appointed to proceed to London to confer with
the Secretary of Slate for the Colonies in reference to the
The Draft Art his rot been reprinted in this Appendix, bein^ in all rrjprrt.s
-imilar to that printed ii: Ap-.u-ndix rF~ except for thr amendments ciuineratt <i
above.— 'i.R.H.
.'i.Vl SOITII AFRICAN NATIONAL Cox VKNTIOX, 11)08-
passage of the J)i-;il'( Ad through the British Parliament
should he authorised inter alia: —
(I) to agree to any necessary amendments in the Act which
do not involve alterations of any of ils principles;
(~) to confer with trie Secretary of State; for the Colonies as
to the Royal [list met ions to be issued to the Governor-
General :
(o) to draft for the guidance of the South African Govern-
ments rules and regulations for the first elections of senators
in accordance with the provisions of the Act.
CAPE OF GOOD HOPE:-
.1. IT. I.)]-: Y ILL IK US, President.
JOHN X. ^IL'IMMMAX.
J. VY. SALER.
I1. S. MALAX.
L. S. JA^IKSON.
T. AV. SMAKTT.
K. II. WALTON.
AV. K. M. STAXFOK1).
J. \V. .IAGGKK.
II. C. VAN HKKIJDKN.
G. H. MAASDOIU*.
J. II. M. liKCK.
NATAL :
F. 1{. MOOIJ.
K. M. GIJKKNK.
T. IIYSLOP.
C. .1. SMYTILK.
T. AY ATT.
TRANSVAAL:
LOl'IS .HOTHA.
J. C. SM'l'TS.
H. C. lU'LL.
G. II. FAiMIAH.
J. P. FIT/PATRICK.
II. L. LINDSAY.
S. AY. BURGER.
J. IF. Do La Ix'EY.
ORANGE RIVER COLONY :
A. FISCHER.
M. T. STKYN, Y ice- President.
.1. H. M. HMKTXOCi.
C. 1{. I)!-] \YKT.
A. IJi:o\YNK.
RHODESIA:
\Y. II. MILTON.
C. P. .1. C'OGILLAN.
(.'on vention ( 'ha inliers,
Houses of Parliament, lUocnifoutein,
llth Mav, lijDD.
A IT KM) IX I. •">'>'>
[U
RESOLUTIONS ADOPTED BY THE VARIOUS PARLIAMENTS APPROV-
ING OF THE DRAFT ACT AS WELL AS ADDRESSES TO H,M,
THE KING FOR THE AUTHORISATION OF THE PROPOSED UNION.
RKSOM TIO.NS.
CdfiC of (rood Hope.
Resolutions of both Houses.
This llouso approves of! the Draft South Africa Act as
amended and agreed to by the South African National Con-
vention at Bloemfontein on the llth May, 1909.
(Legislative Council, 4th June, 1909,
Minutes, ]). 32.)
(House of Assembly, 3rd June, 1909,
'V. and P.,' pp. <il-G3.)
That His Majestv the King be requested by humble address
to cause the necessary steps to lie taken to authorise the legis-
lative union under one Government under the name of South
Africa, of this Colony with such other of the Colonies of
Natal, the Transvaal and the Orange River Colony as may
agree thereto, in accordance with the provisions of the Draft
South Africa Act.
(Legislative Council, 4th June, 1909,
Minutes, p. 32.)
(House of Assembly, 3rd June, 1909,
V. and P., ]>. 63.)
Natal.
Resolution of House of Assembly.
That the following Address be now adopted for presentation
to His Most Gracious Majesty the King, \\y.. : —
i For Address —see page -'157).
(Legislative Assembly, Kith June. 1909,
V. and P., pp. 10-11. i
1 rai(.< rani .
Resolutions of both Houses.
This House approves of the Draft South Africa Act as
finallv adopted bv the South African National ( 'on vent ion .
(Legislative Council. 2nd June, 1909,
Minutes, ]». 1. )
(Legislative Assembly, 2nd June, l!>09,
V. and P. , pp. 7-S. i
That His Majesty the King be requested by humble address
to cause the necessary steps to be taken to authorise the
Legislative union, under one Government under the name of
South Africa, of this Colony with such other of the Colonies
of the Cape of Good Hope. Xatal and the Orange River
\ '2
.">."»(; Sol Til Al-'KICAN .\ATiO.\AI.Co\VI..\TIO.\, lOOcS '()!).
Colony, as may agree thereto in accordance with the provisions
of t lie Draft Sou( h Africa Acl .
(Legislative Council, 2nd June, I'M)!).
Minutes, j). -1. )
(Len-i-lative Ass(Miil)lv, 2nd -lime, !!)<)!».
V. and 'P., p. S.}
Oninye Kii'cr Colon u.
Resolutions of both Houses.
This House approves of the Draft Soutli Africa Act as
amended and ay-reed to by the Soutli African National Con-
vention a! "Bloemfontein on the 1.1th May, 1909.
(Legislative Council, -Jrd June, .1009,
Minutes, p. 2b'. )
(House of Asseinblv, 2nd June, 1909
V. and P., p. 33.)
That His Majesty the King be requested by humble address
to cause the necessary steps to be taken to authorise the Legi>-
lative Union, under one (Government, under the name of
South Africa of tliis Colony with such, other of the Colonies
of the Cape of (rood Hope, Natal and the Tran.>vaal as may
ag-ree thereto in accordance with the provisions of the Draft
South Africa Act.
(Legislative Council, -'!rd -iune, 1!JU!».
Minutes, p. 2(i. )
(HouM> of Asseniblv, 2nd .lune, 1!M)D.
V. and P., p. :',:').)
A DDRKSSKS TO H.M. TIM: Ki.xt..
C((/>c of Good TJojic.
To His Most Gracious Majesty Edward AMI., by the Grace
of God of the I nited Kingdom of Great Britain and Ireland
and of the .British Dominions bevond the Seas, King. De-
fender of the .Faith, Kmperor of India.
We, Your Majesty's Most Dutiful and Loyal Subjects, the
President and Members of the Legislative Council, and the
Speaker and Members of t he House of Assembly of the Cape
of Good Hope in Parliament assembled have agreed to a re-
solution in favour of the legislative union, under one govern-
ment, under the name of South Africa, of this Colony with
such other of the Colonies of Natal, the Transvaal and the
Orange .River Colon v as may agree thereto, in accordance
with the provisions of the Draft Soutli Africa Act, a copy
of which is hereunto annexed, but subject to such necessary
amendments, not inconsistent with the principles laid down in
the said Acl, as mav be agreed upon between your Majesiv >
Secretary of State for the Colonies and anv delegation that
mav be appointed bv the several Colonies for the purpose of
A IM'KMJIX I. •>•">"
conferring with him, and we therefore pray that Your Ma-
jesty may be graciously pleased to cause the necessary steps
to be taken to authorise the contemplated I'nion.
And \ve humbly assure Your Majesty of our continued
loyalty and devotion to your Majesty's Throne and Person.
(Legislative Council, 7th June. 1!M)!>.
M inules, ]>. •!•"). )
! lions,- ol Assembly, 7th June, I!M)!I,
V. and' P., p. 70.)
To His Most (I radons Majesty, Edward Nil., by the (irace
or (jod, of the I nited Kingdom of (Jreat Britain and Ireland,
and ot the British J)oniinions beyond the Seas, King, De-
fender of the Faith, Emperor of India.
We, Your Majesty's Most .Dutiful and Loyal Subject-, the
Speaker and Members of the Legislative Assembly of the
Colony of Xatal in Parliament assembled, humbly desire to
inform your Majesty that the electors of this Colony have by
referendum under Act No. '-2 of !!)()!), decided to (Miter into ;i
union in accordance \\'ith the provisions of the Draft South
Africa Act, copy of \vhich is hereunto annexed,
A delegation appointed by the several Colonies will pro-
ceed to England to confer with Your Majesty's Secretary of
State for the Colonie-, and will have power to agree to neces-
sary amendments not inconsistent with the principles larl
down in the said Act of I'nion.
AVe therefore jway that Your Majesty may be graciously
pleased to cause the necessary steps to be taken to authorise
the contemplated I nion. and we humbly assure Your Ma
je-ty of our continued loyalty and devotion to Your Majesty s
Throne and Person.
(Legislative Assembly, Kith June. .I'M)1.),
V. and P., 'pp. 10-11.
7 run* ran/ .
(Similar in form to that adopted by the Parliament of the
Cape of ( rood II ope .
(Legislative Coun'-il, :!rd June, lOO'l.
Minutes, p. 5.)
(Legislative Assembly. -'!rd June. P.tO'.l.
V. and P., 'pp. H-UV;
Orain/r I'iri /• ( ninny.
(Similar in form tn that ado|)ied by the Parliament of the
Cape of Good I lope, i
'Legislative Council. Sth June, 1000,
Minutes, pp. ;!0-'!t.'
i House of Assembly, 7th June, 1000,
V. and T'.. pp. ol)-:") I.)
.").")S S()l Til Al'KKA.N .\ A I lO.XAI. ( 'o\ \I..\TIO.\, 190S '()!J.
APPOINTMENT OF DELEGATES TO LONDON IN CONNECTION WITH
THE PASSAGE OF THE DRAFT ACT THROUGH THE PARLIA
MEN! OF THE UNITED KINGDOM.
( II IH' (// (r()O(l II O1IC.
Resolutions of holli Houses.
(1) This House concurs in (he recommendation of the
National Convention that delegates should he appointed to
proceed to London to confer with the Secretary of State for
the Colonies, in reference to the passage of the Draft Act es-
tablishing1 a constitution for South Africa through the British
Parliament, with the following powers:
(i) To ag'ree to such amendments in the Act which, do
not involve alterations in any of the principles of that Act
as may be agreed in by all the delegates.
'11) To confer with the Secretary of State for the
Colonies as to the Royal instructions to be issued to the
< iovernor-( ienera 1 .
(HI) To draft for the guidance of the South African
Governments rules and regulation? for the first election of
Senators in accordance with the provisions of the Act.
(^) That the delegates so appointed shall be as follows: —
The Might Hon. Sir J. II. de Villiers, The Kight Hon. Dr.
L. S. Jameson, the Hon. •! . \V. Saner, the Hon. T. H
Hofmeyr, the Hon. J. X. Meninian.
(Legislative Council, 8th -Tune, 1009,
Minutes, pp'. :]1)-40.)
(House of Assembly, 8th June, 11)09,
V. and P.. p. 79.)
Xatal.
The Prime Miniver informed the House that he proposed
to ask his four fellow delegates at the National Convention
to accompany him on the forthcoming visit to England, to
join in laying the Draft South Africa Act before the British
Parliament.
(Legislative A— cmbly, 17th -Tune. 1909,
V. and 1'.'. |). 1!).;
TmnsnifiL
[{(•solutions of both llouse^.
That in accordance with the recommendation contained in
[•arag-rapli IV. of the Report of the South African Nation. : I
Convention, dated -ird February, 1!)!)!). the Government be
• i ut hon'-ed to appoint delegates to proceed to Lngland for tne
put POM- of conferring with the Secretary of Slate for the
Colonies with reference to the passage of the Draft A- f
through (lie British Parliament, ;in<l that the instructions riv-
c.ommended by the Convention in paragraph III. of their
second report, dated the llth Mav, MM)!), for the guidance of
the delegates lie approved.
(Legislative Council, -'ird June, MM)!),
Minutes, p. •).)
(Legislative AsM-nil.lv, -".rd -I line. MX)!).
V. and I'.,' p. 12.)
The I'rliiic Mini.<t<T intimated that in accordance with lii.»
resolution adopted l>v this House on the ;!rd insiani, ih"
(ipvennnent had appointed the following members as dele-
gates to proceed to London in connection with the Draff Soutii
Africa Act. vi/.. Sir (leorge Fanar, Sir Percy Kit /pal rick,
flie Colonial Secretary, the Colonial Treasurer and the Prime
M in isf er.
(Legislative Assembly, 20th June, MM)!).
V. and P.,' p. 211.)
/'/i'< r ( ninny.
Resolutions of botli Houses.
That this House adopts the second report of flic South
African National Convention on ('loser I'nion dated llth
May, 190!), and in terms of the recommendation therein con-
tained confers authority on the Orange l{iver Colony ineui-
liers of the delegation who are to proceed to England for < he
purposes as set forth in the l'epor>s of the Convention dated
respectively the -'ird I'ehruary, MM)!), and the llth May, MM)!,),
with the proviso that authority of the delegates in regard to
agieeing to amendments shall l»e confined only to such amend-
ments as are not inconsistent Avith the ^i-ovisions and prin-
ciples laid down in the said Draft Act.
(Legislative Council, 4th June, MM)!).
Minutes, pp. 2S-29.)
( IIoiiM- of Assembly, 4th June. 1!M)!).
V. and T'., p. 45.)
The 1'i'inic Minuter announced that the Government irid
appointed the Hon. M. T. Steyn, the Hon. A. Browne, the
Hon. J. B. M. ILert/og and the Hon. A. Fischer as memli<M-s
of the delegation who are to proceed to Kngland for the pur-
poses set forth in both the reports of the South African .Na-
tional Convention adopted hv both Houses of Parliament.
(Legislative Council. 14th June. MM)!).
A I * / • / i
_\1 ! ii til es. p. ()().)
( House of Assembly, Kith J
V. and P.. i>. TbV)
une.
Soi in Ai'Ki! \.\ NATIONAL COXVKXTIOX, 190S — '09.
SCHEDULE OF AMENDMENTS TO THE DRAFT ACT MADE IN ENGLAND
PRIOR TO ITS INTRODUCTION INTO THE PARLIAMENT OF THE
UNITED KINGDOM.
Preamble.
In the second paragraph, after "I nion of," to omit
"tho-r" and substitute "the"; after "Colonies," to omit
"which may assent thereto" and substitute ''of the ( 'ape of
(Jood Hope, Xatal. the Transvaal and the Orange Kiver
Colony on terms and conditions to which they have agreed by
resolution of their respective Parliaments"; in the fourth
paragraph, to omit ''as Provinces or Territories" and insert
"or transfer to the Cnion"; and in the enacting clause to omit
"etc.," and insert ''by the King's Most Kx'-ellent Majesty,
by and with the advice and consent of the Lords Spiritual
and Temporal and ('ominous in this present Parliament a--
sembled, and by the authority of the same as follows:"
('/ante One.
After "Africa Act," to insert "1909."
Clfitixe Tiro.
After ."in this Act," to insert "unless it is otherwise ex-
pressed or implied," and to omit those words after '"shall";
after "mean" to insert ''the Union of," and to add at the end
"and the words 'Houses of Parliament.' ' House of Parlia-
ment ' or ' Parliament ' shall be taken to mean the Parlia-
ment of the Union. "
( 'Inuxe Four.
After "Act ," to omit "any two or more of " : after "Colonies"
to omit "which shall, before the passing of this Act or there-
after before the date of such proclamation, have agreed
thereto either bv Act of Parliament or by resolutions of both
Houses of Parliament"; after "name of," to insert "the
Cnion of," and after "limits of the Colonies" to omit "which
shall have so agreed. "
( 'l<in*c Si.f.
To omit "Such of"; after "Colonie-," to omit "as shall
have agreed to enter the Cnion before the date of the pro-
clamation," and to omit all the wortK after ''establishment of
Cnion'3 to the end of the clause.
Cluusc ito follow Clause Six).
7. Cpon anv Colony entering the I nion, the Colouiul
Boundaries Act. 1S9-"), and every other Act applying to any
of the Colonie> as being self-governing Colonies or Colonies
with responsible Government shall cea-e to apply to that
('olony, but as from the date when this Act takes effect everv
such Act of Parliament shall apply to the Cnion.
( IdlUC S( I't II .
To omit "South Africa" and substitute "the Cnion."
( 'In ii se I en .
To add ;it the (Mid "The King may authorise the (iovenior-
(leneral to appoint any person to be his deputy within t'n-
Union during his temporary absence, and in that capacity to
exercise for and on behalf of the Governor-General during
such absence all such powers and authorities vested in th.>
Governor-General as the Governor-General may assign to
him, subject to any limitations expressed or directions give!*
by the Kinii1; but the appointment of such deputy shall not
affect the exercise bv the Governor-General him-elf of 'ii:y
power or fund ion .
( 'lauKf .^e i'cn I ecu .
After "section," to omit "twenty-two" and substitute
' 't wenl v-t h ree.
( la use I ire n t i/-fi re.
To add at the (Mid "For the purposes of this section resi-
dence in and property situated within a Colony before its in-
corporation in the Union shall be treated as residence in ai:d
property situated within the Union."
( hi use I li irt !/-(// ree .
After "section," to omit "twenty-two" and substitute
"thirty-three"; and in sub-section (iii), after "After,"' to
omit "every" and substitute "any."
( /// use 7 li i rf >/- f o///-.
< hnilted.
( In use ritirty-eiglit .
After "duties of the commission," to insert "The commis-
sion may regulate their own procedure and may act bv u
majority of their number.''
( hi use /' nrl \j-four.
To add at the end "For the purposes of this section resi-
dence in a Colony before its incorporation in the Union shall
be treated as residence in the Union."
( '(n use /•'/// i/-'//ie .
Iii the forms of (lath and Affirmation to omit "Kin-'
Kdward the Seventh" and substitute " here insert the nana-
of the King or (Jueen of the United Kingdom of (ireat Urit-.ii.i
and Ireland for the time bein^:." and before "heir-" t<>
insert " or Herj."
Clause /''/fly-nine.
After "government of t<> omit "South Afri'-a" and siib-
st it lite "t lie I. moil . '
Soi TII AI/KICAX XATIOXAI. Cox VKXTIOX, 1008 — '00.
< la ate .\ niel ff-se ren .
After "Africa or" to insert "of."
< fa use (hie I fund red and Tlirce.
After "which," to insert "according to the law in force";
before "except" to omit the semi-colon; after "judgments
given" to insert ''by a single judge"; and after "establish-
ment of" to insert "t he. "
Clause One Hundred and S/.r.
To add at the end "Provided that nothing in this section
shall affect any right of appeal to His-Ma jestv-in-Council from,
any judgment given by the Appellate Division of the Supremo
Court under or in virtue of the Colonial Courts of Admiralty
Act, 1890."
Clause One Hundred and Sixteen.
To add at the end "All appeals to the King-in-Council
which shall be pending at the establishment of the Union
shall be proceeded with as if this Act had not been passed."
('lause One Hundred and Twenty-one.
To omit "date" and substitute "establishment."
Clause One Hundred and Tirent n-four.
After "establishment subject" to insert "notwithstanding
•any other provision contained in this Act."
Clause (hie Hundred and Twenty-seven .
Before "promotion" to omit "the."
Clause One Hundred and Thirty.
After "certified" to omit "to."
Clause One Hundred and Thirty-three.
After " :>ls1," where it first occurs, to insert '' day of."
('In use One hundred an/I 7 li/rl :/-s/.r.
To omit "customs" and substitute "custom."
Clause (hie Hundred and Fo)'ty-scren .
After "affairs" to insert "and of matters specially or
differentially affecting Asiatics"; and after "chiefs'' to insert
"and anv lands vested in the Governor or Governor and
Executive Council of any Colony for the purpose of reserves
for native locations shall vest in the Governor-General-in-
Council, who shall exercise all special powers in relation to
such reserves as may hitherto have been exercisable by any
such Governor or Governor and Executive Council, and no
lands --el aside for the occupation of natives which cannot a^
the establishment of the I nion be alienated except by :tn
Act of the Colonial Legislature shall be alienated or in an\'
way diverted from the purpo-.es for which they a TV set apart
except under the authoritv of an Act of Parliament."
( lause (hie II nndred and Forty-nine.
To omit "or Territories."
('lame One II nndred and Fifty,
To omit "Colonies not originally included therein and ter-
ritories including;."
Ari'KXDix K.
Cltriixe ()nt' II it iid red and b"iftu-onc.
To omit "protectorate" and substitute "protection.''
Heading to Part \.
To omit "this."
Claitxc One Hundred <ind Fifty-tico.
After "sections" to omit "thirt y-iwo" and substitute
"thirty-three"; and after "and" to omit "thirty-three'' and
substitute "thirty-four. "
ScJiedule.
P am graph I.
After "under the" to omit "protectorate" and substitute
"'protection"; and after "shall by" to make "resolution" in
the plural and to insert "passed in the same session."
Paragraph ~.
After "advised in" to insert "the general conduct of";
and to add at the end "who shall take the instructions of the
Prime Minister in conducting all correspondence relating to
the territories and shall also under the like control have cus-
tody of all official papers relating- to the territories."
Parayrajtli •'].
After "Houses of Parliament" to insert "passed in the same
session praying for such removal"; after "They shall not be"
to omit "eligible'' and substitute "qualified," and after
"become" to insert "or to be."
Paragraph 4.
After "to the" to insert "general conduct of the"; after
"state" to omit "as his deputy" and substitute "nominated
by the Prime Minister to be his deputy for a fixed period":
after "failing-" to omit "them" and substitute "such nomina-
tion"; after "commission shall" to omit "\vith the Prime
Minister or his deputy"; and after "of them" to omit "with
the Prime Minister or his deputy."
l>ar(i(ii'fi pit 10.
After "Governor-General-in-CYnnioil shall" to omit "be of
opinion" and substitute "transmit to the commission a minute
recording his opinion."
I'ardijrapJi 11.
To omit "by the Governo?--General-in-( 'ouncil " where it
first occurs: and to omit all the words after "to the"
to the end and substitute 'secretary to the com-
mission tor the consideration of the commission and of the
Prime Minister. A proclamation shall be i-Mied by rlio
Governor-General-in-Council giving to the provisions for re-
venue and expenditure made in the estimates a< finally ap-
proved by the Governor-General-in-('ouncil the force of Jaw."
I'arafjrapli !'•}.
To omit "In case" and substitute "If": after ••expendi-
ture" to in<ert "thereof": after "deficient y," where it first
occurs, to omit "shall he advanced bv the Government of the
oti-4 Soi I'll AFKH A.N NATIONAL CONVK.NTIOX, 1908- — '09.
Union" and insert "may with the approval of the Governor-
General-ill-Coimci] and on such terms and conditions and in
such manner as with the like approval may l>e directed or
proscribed, lie advanced from the funds of any other terri-
tory. In dehuilt of any such arrangement, the amount re-
quired to make good any such deficiency shall he advance'!
bv the Government of the Union"; after "previously ad-
vanced" to insert "by any other territory or"; after "do-
Hciencv in" to insert "the revenue of," and after "such Ter-
ritory" to omit all the words to the end.
Paragraph 7J.
After "sale of" to insert "intoxicating," and to add at
the end "and no provision giving facilities for introducing
obtaining or possessing such liquor in any part of the Terri-
tories ]ess stringent than those existing at the time of transfer
shall he allowed."
Paragraph 7-9.
To add at the end "so, however, that that contribution shall
not bear a higher proportion to the total cost of such services
than that which the amount payable under paragraph 12 of
this Schedule from the Treasury of the Union towards the
cost of administration of the territory bears to the total cus-
toms revenue of the Union on the aA^erage of the three years
immediately preceding the year for which the contribution is
made."
Paragraph 22.
After "existing"' to omit "on the 10th December, 1908, of
civil servants" and substitute "at the date of transfer of
officers of the public service."
Paragraph 24.
To omit "Goveriior-General-iii-Coimcil" and substitute
''Commission,7' and after "Territories," to omit "and lay the
>ame" and substitute "which shall, when approved by the
( {overnor-General- ill-Council, be laid. "
SOUTH AFRICA ACT, >S ASSENTED TO AND PROMULATED.
Joi/f/t Africt Art. I'.KUt - H /'/hi'. *. C-'i . 'I.'
ARRAXGOIKNT OF SKCl'iOXs.
I- .I'rriinniK.ri/.
[!._•/•/,,. ftiiim.
I. Proclamation of I'ni n.
'. Cotmnenceau'iit of Act.
i. lnet'r[tor;ition of (.'olonie-s into the 1'nion.
r. Application ot Colon al Boundaries Act. ft".
Al'I'KNDIX L.
III.— /•>,.,•/// /Vr (lin;-f,n,i, nt.
v. Executive ] o\ver.
'.'. Governor-General.
In. Salary of Governor-Genc'al.
! 1 . A j plicat ion of Act, ;<> Governor-General.
1 L'. Kxceirivc < 'ouii(;il.
! '.'>. Meaning of Governor-General-in-Council.
II. Appointment of Ministe s.
1 ">. Appointment and removal of oflicers.
I '-. Transfer of executive powers t> Governor-General-in-Council.
17. Command of naval ;ui(l military forces.
) *. Scat of Government.
IV. I'm-Hummf.
!!>. lA'-jri-^lative po\\ c-.
•_'<i. Sr-ssions and dissolution of Parliament.
'_'!. Suuiuioninjr of first Parliament.
1*2. Annual ses-ion of Parlijinent.
'2'.\. Seat of Legislature.
St ll'ttc,
_M. Original constitution <>f Senate.
1T>. Sul)se<|uent eonstitution of Senate.
:iii. Qualifications of >ona'ors.
'27. Ajipoiutment and tenure of oflic-e of President.
'-'s. Deputy-President.
-'.». Resignation of senators.
.'<». (Quorum.
.'U. Votintr in the Senate.
'.-•'2. Constitution of House of Assembly.
'•;;'.. Original number ( f members.
:'•!. Increaso of number of members.
:'>."). Qualifications of voters.
'iii. Applicition of exist injjr qua ifications.
:<7. Klfctions.
I's. Conim's-ion for delimitation of electoral divisions.
:>'.i. 1'Lleetoral divi>i'it.s.
•I't. Method of dividing proviiues into electoral divisions.
11. Alteration of electoral division-.
12. Towers and duties of commission for delimiting electoral divisions.
IS. Date from which alteration of eleetorsil divisions to take effect.
1 1. i^uiililii1:) ions of members of IL>u-e of Assembly.
!.">. miration.
H'I. Appoin* ment and tenure of o't'k-e of Sj)t.-aker.
! 7. Depnt v -Speaker.
!•-. Itesjirnntjon of members.
I'.i. i^uoiuin.
.'.'). \'oting in House of Assembly.
.">!. i»;ith or affirmnticn of alle^iaiu-c.
.~>2. Member of cither House disqualified for lieinjr member of the ether
House.
:>S. Di><inalitic:itions for bein^r a member of either Ilutise.
M. Vacation of <e its.
."i.'i. Penalty fi/r sittinir or \(it:ny when ii'M|iialiiied.
.Hi. Allowances of members.
".7. Privileyfs of Hovses of I'arliament .
"iS. Hnle- nf ]>r(icednre.
.'i'.1. I'owers of I'arliaun nt.
4',n. Money Uil's.
('d. Appropriation l>il'.~.
t'ij. Ft- commendai ;o;> ot mo:iev \ ot,< ~.
3f)fi SOUTH AFKICAN NATIONAL CONVENTION", 1908 — '09.
(!3. Disagreements between the two I lenses.
(U. Royal Assent to Bills.
<;:,. Disallowance of Bills.
(id. Reservation of Bills.
(17. Signature and enrolment of Act.-.
V. -'//,* /'
(is. Appointment and tenure of office of provincial administrators.
• '>!). Salaries of administrators.
J'riirhifin/ ('(iiuicilx.
70. Constitution of provincial councils.
71. Election of provincial councillors.
7'2. Application of sections fifty-t hri-c. to fifty-Jive to provincial councillor?.
73. Tenure of otiice by provincial councillors.
74. Sessions of provincial councils.
75. Chairmen of provincial councils and rules of procedure.
7l>. Allowances of provincial councillors.
77. Freedom of speech in provincial councils.
Kci'ruti re Cum m ittcex.
78. Provincial executive committees.
79. Right of adminis'rator. etc., to take part in proceedings of provincial
council,
xii. Powers of provincial executive committees.
Transfer of powers to provincial executive committees.
Voting in executive committees.
Appointment of officers by executive committees.
Power of administrator to act on behalf of (rOvernor-G-eneral-in-Council.
I'un-erx of I'rov'iiii ial Council*.
s.">. Powers of provincial councils.
8(5. Effect of provincial ordinances.
ST. Recommendations to Parliament.
8<>. Power to deal with matters proper to be dealt with by private tBill
legislation.
89. Constitution of provincial revenue fund.
90. Assent to provincial ordinances.
91. Effect and enrolment of ordinances.
9^. Audit of provincial accounts.
93. Continuation of powers of divisional and municipal councils.
94. Seats of provincial government.
VI.— -'Ac Sn/iri-mi- Court >i/' SnntJi Afr'n-n.
9,"). Constitution of Supreme Court.
9(i. Appellate Division of Supreme Court.
97. Filling of temporary vacancies in Appellate Division.
9s. Constitution of provincial and local division* of Supreme Court.
99. Continuation in otiice of existing judges,
luu. Appoiuttnerit and remuneration of judges,
lnl. Tenuie of office by judges.
II>L'. !!i.'dui;tion -n number of judges.
I ()3. A]i]ieals to A ppeiiate bivision.
lu-l. Kxistin^1 iip'ieals.
0."). Apj>jals fro. n inferior courts to provincial division*.
MI',. Provision- as to ajppeals to the King-in-C'ouncil.
07. Rules of procedure in Aj)])ellate Division.
us. Rules of jirocedu e in provincial and local divisions.
i'H. Place of s,ttin_L>s of Appellate Division.
I11. Quorum for hi-arinir ajip'als.
L. 3o7
111. Jurisdiction of Appellate; Division.
I IL'. Execution of processes of provincial division-:.
1 1:;. Transfer of suits from one provincial or local division to another.
1 I I. Registrar and officers of Appellate Division.
I l.r>. Advocates and attorneys.
I 1 (>. Pending >uits.
l
117. ('(institution of Consolidated Revenue Fund and Railway and HarbDur
Fund.
IIS. Commission of inijiiiry into financial relations between I'nion and
provinces.
111*. Security for existing public debts.
120. Requirements for withdrawal of money from funds.
121. Transfer of colonial property to the I'nion.
122. Crown lands, etc.
12:i. .Mines and minerals.
121. Assumption by I'nion of colonial debts.
!2.">. Ports, harbouis, and railways.
12((. Constitution of Railway and Harbo' r Hoard.
127. Administration of railways, ports, and harbours.
1 2S. Establishment of fund for maintaining uniformity of railway rates.
12'.i. Management of raihviy and harbour balances.
I'.W. Construct'on of harbour and railway works.
Ml. Making good of deficiencies in Railway and Harbour Fund in certain
cases.
;:>2. Controller and Auditor-General.
!:W. Compeimition of colonial capitals for diminution of prosperity.
VIU.— /V/-/,, nil.
]',i\. Method of voting for senators, etc.
!:!">. Continuation of existing colonial laws.
1 :!ii. Free trad-* throughout I'nion.
I'M. Equality of English and Dutch languages.
Ki*. Naturalisation.
Ki'.i. Administration of justice.
1 l<i. Existing ollic^rs.
! II. Commission for reorganisation of public departments.
'2. Public service comniis-ion.
:-!. Pensions of existing otlh-ers.
I. Tenure of office of existing officers.
i .". Existing officers not to be dismisseii for isrnoranee of l']nglish or Dutch.
>. Com]>ensation t> existing1 Parliamentary oliicei's who are not retained.
Administration of n 'tive affairs eti
Di-Milution on Union of rights and obligations under conventions.
1 ID. Alteration of boundaries of province-;.
I. "id. Power to admit into I niuii territories administered by British South
A t'rica Company.
">I. Power to transfer to I'nion government of native territories.
\. — A'H
~>'2. Amendment of Act.
.'}(is SOITII AI-'H:CAN XATJOXAI. COXVKXTIOX, 1908 — '09.
ClfAPTKIl 9.
Ax ACT TO COXSTITI TK TIIK IMox OF Soi'nr AFKHA.
(^Oth September, 1909.]
WHEREAS it is desirable for the welfare and future pro-
gress of South Africa that the several British Colonies therein
should be united under one Government in a legislative union
under tin4 Crown of Great Britain and Ireland :
And whereas it is ( xpedient to make provision for the union
of the Colonies of the Cape of Good Hope, Natal, the Trans-
vaal, and the Grange liiver Colony on terms and conditions to
which they have agreed by resolution of their respective Par-
liaments, and to define the executive, legislative, and judicial
powers to be exercised in the government of the Union :
And whereas it is expedient to make provision for the
establishment of provinces with powers of legislation and ad-
ministration in local matters and in such other matters as
may be specially reserved for provincial legislation and ad-
ministration :
And whereas it is expedient to provide for the eventual
admission into the Union or transfer to the Union of such
parts of South Africa as are not originally included therein :
Be it therefore enacted by the King's most Excellent
Majesty, by and with the advice and consent of the Lords
Spiritual and Temporal, and Commons, in this present Parlia-
ment assembled, and by the authority of the same, as follows:
I . Preli in t ntirij .
1. This Ad may be cited as the South Africa Act, .1900.
2. In this Act, unless it is otherwise expressed or implied,
the words " the ('111011 " shall be taken to mean the Union
of South Africa as constituted under this Act, and the words
'Houses of Parliament," " House of Parliament," or "Par-
liament," shall be taken to mean the Parliament of the
Union.
•'). The provi-ions of tins Act referring to the King shall
extend 1<» His Majesty's heirs and successors in the
sovereignly of the ("iiited Kingdom of Great Britain and
Ireland.
Al'I'KXUlX L. •><>!)
Hope, Xatal, (lie Tnuisvnal, and the Orange Uiver Colony.
hereinafter called the Colonies shall he united in a legislative
union under one Go\ eminent under the name of the Union
of South Africa. On and after the day appointed by such
proclamation the Government and Parliament of the Union
shall have full power and authority within the limits of the
Colonies, but the King may at any lime after the proclama-
tion appoint a Governor-General for the Union.
0. The provisions of this Act shall, unless it is otherwise Corninenci-
expressed or implied, take effect on and after the day so lll(-nt "' 'Arl-
appointed .
(!. The Colonies mentioned in section four shall become I ncorpora-
original provinces of the Ciiion under the names of Cape of : ','."' ,/,',,, t')',,'"'
Good Hope, Natal, Transvaal, and Orange Free State, as the I'nion.
case may be. The original provinces shall have the same
limits as the respective Colonies at the establishment of the
I 'nion.
7. I pon any Colony entering the Union, the Colonial Application
Boundaries Act, 1SD-"), and every other Act applying to any of of .x &•'.!!
the Colonies as being self-governing Colonies or Colonies with
responsible government, shall cease to applv to that Colonv,
but as from the date when this Act takes effect every such
Act of Parliament shall apply to the Union.
III. Executive Government.
S. Tlic Kxecutive Government of the Union is vested in Kxccutiv.
the King, and shall be administered by His Majesty in person i'OW('r-
or by a Governor-General as his representative.
!). The Governor-General shall be appointed by the King, ,;overi]01.
and >hall have and may exercise in the Union during the <: em-mi.
King's pleasure, but subject to this Act, such powers and
functions uf the King as His Majesty may be pleased to
assign to h im .
10. There shall lie payable to the King out of the Consoli- Salary of
dated Kevenue Fund of the Union for the salary of the ( iover- !:ov''rn;
nor-General an annual sum of ten thousand pounds. The
salarv of the Governor-General shall not be altered during In-
continuance in office.
11. The provisions of this Act relating to the
General extend and apply to the Governor-Genera,
time being, or such person as the Kiny mav appoint
i-.ter the government of the I nion. 'Ihe King may
the Governor-General to appoint anv person to be ins deputv
within the I nion during hi> tomporarv absence, and in thai
eapacitv to exerci.-e for and on behalf of the Governor-General
(Inrinir such absence all such power- and authorities vested in
bv the King: but the appointment of sii'-h deputv
bv the Governor-General him-elf of
:»70 Soi in Ai-'KKA.x XATIOXAL COXVKXTIOX, 1DOS-
PJ. Thei-e shall be an Mxecutive Council to advise the
( io\ ei nor-( leiiera 1 in the government of the 1 nion, and the
members of the council shall be chosen and summoned by the
Governor-General and sworn as executive councillors, and
-hall hold office during his pleasure.
!•">. The provisions of this Act referring to the Governor-
( ienera l-i n-( 'on net 1 shall be construed as refcrnii"1 to the
O
Governor-General acting with the advice of the Executive
( 'ouncil.
1-1. The Governor-General may appoint officers not exceed-
ing ten in number to administer such departments of State of
the I nion a- the Governor-General-in-Coimcil may establish;
such officers -hall hold office during the pleasure of the Gover-
nor-General. They sha»ll be members of the Executive Coun-
cil, and shall be the King's Ministers of State for the Union.
After the first general election of members of the House of
Assembly, as hereinafter provided, no minister shall hold
office for a longer period than three months unless he is or
becomes a member of either House of Parliament.
Appointment U) . The appointment and removal of all officers of the
:lf1(offi •m"Val ])U°li(' service of the Union shall be vested in the Governor-
Geiieral-in-Council, unless the appointment is delegated by
the Governor-General-iii-Couiicil or by this Act or by a law
of Parliament to some other authority.
Hi. All powers, authorities, and functions which at the
establishment of the I'niou are in any of the Colonies vested
in the Governor or in the Governor-m-Council, or in any
authoritv of the Colony, shall, as far as the same continue
in existence and are capable of being exercised after the
establishment of the I "nion, be vested in the Governor-General
or in the Governor-Geiieral-in-Couiicil, or in the authoritv
exercising similar powers under the Union, as the case may
be, except such pov\ ers and functions as are by this Act or
may by a law of Parliament be vested in some other
a ut horn v.
17. The command-in-chief of the naval and military forces
within the I'nion i- vested in the King, or in the Governor-
Genera i as hi- representative.
seat of 1'^- Save a- in section / ircn ///-/// rt'r excepted, Pretoria shall
Cnvrnnm-nt. 1)(. the -eat of ( Jovern inent of the i nion.
7 V. P<u-l i<nn< ut .
1!). '1'lie legislative power of the I nion >hall be vested in
the Parliament of the I nion, herein called Parliament, which
-hail consist of the King, a Senate, and a House of Assemblv.
'JH. The Governor-General may appoint such times for hold-
niii1 the sessions of Parliament a- he think- lit, and mav also
trom time to tune, bv iiroclamat ion or otherwise, proroLrue
• 1 i r-
Parliament, and ma\" in like manne.r dissolve the Senate and
', he llou-e of Assembly simnltaneouslv, or the House of A<-
-emblv alone: pi'o\ ided that the Senate -hall not be dissolved
A rn.MMx L. •>< 1
within a period of ten years after the establishment of the
I'nion, and provided further thai the dissolution of the Sen-
ate shall not affect anv senators nominated by the Governor-
( }eneral-in-( 'ounci I .
21. Parliament shall be summoned to meet not later than
six months alter the establishment of the 1'iiion. I'arliamcnt.
22. There shall lie a session of Parliament once at least in Annual
every year, so (hat a period of twelve months shall not inter- •jt'ss!'."1 "'
• , • . ' . ,. , , . . . i I arl lament .
vene between the last silting ot Parliament in one session and
its first sitting in the next session.
2-'!. ('apetown shall be the seat of the Legislature of t he Scat
1 n ion .
24. For ten years after the establishment of the I nion the Original
constitution of the Senate shall, in respect of the original pro- <'onstituuon
oi Senate,
vmces, be as to] lows : -
(i) Might senators shall be nominated bv the Governor-
( ienera l-in-( 'ounci I , and for each original province eight sen-
ators shall be elected in the manner hereinafter provided:
(ii) The senators to be nominated by the Governor-Gen-
eral-in-( 'ouncil shall hold their seats for ten years.
One-half of their number shall be selected on the ground
mainly of their thorough acquaintance, by reason of their offi-
cial experience or otherwise, with the reasonable wants and
wishes of the coloured races in South Africa. If the seat of
a senator so nominated shall become vacant, the Governor-
General-in-Coimci] shall nominate another person to be a sen-
ator, who shall hold his seat for ten years.
(iii) After the passing of this Act, and before the day ap-
pointed for the establishment of the I nion, the Governor of
each of the Colonies shall summon a special sitting of both
Houses of the Legislature, and the two Houses silting together
as one body and presided over by the Speaker of the Legis-
lative Assembly shall elect eight persons to be senators for the
province. Such senators shall hold their seats for ten years.
If the seat of a senator so elected shall become vacant, the
provincial council of the province for which such senator has
been elected shall choose a person to hold the seat until the
completion oi the period for which the person in whose stead
he I- elected would have held hi- seat.
2->. Parliament may provide for the manner in which t he sui>-.-Mnriit
Senate shall be constituted after 1 he expiration of ten yea l's, '":""ti; iri1""
and unless and until such provision shall have bee:', made-
ill the provisions of the last preceding section with regard
to nominated senators shall coniinue to have effect:
(ill eight senators for each province shall be elected by the
members of the provincial council of such provim-e toovt
with the members of the House of Assembly
province. Such senators shall hold their seats t
unless the Senate be sooner dissolved. If the
elected senator shall become vacant, the member
:>7j? Son ii AFKHAN XATIO.VAI. Co.\ VK.N no.x, 1908 — '09.
vincial council of the province, together with the members
of the House of Assembly elected for such province, shall
choose a person to hold the seat until the completion of the
period for which the person in whose stead he is elected would
luive held his seat. The Governor-General-in-Counci] shall
make regulations for the joint election of senators prescribed
in this sect ion.
ynulii'u-atiotis 'J(i. The (nullifications of a senator shall be as follows: —
•f senator*. j[(1 must-l
(<i) be not less than thirty years of age;
(I)} be qualified to be registered as a voter for the election
of members of the House ot Assembly in one of the provinces;
(c) have resided for five years within the limits of the
Union as existing at the time when he is elected or nominated,
as the ease may be;
(d) be a British subject of European descent;
(c} in the case of an elected senator, be the registered
owner of immovable property within the Union of the value
of not less than five hundred pounds over and above any
special mortgages thereon.
For the purposes of this section, residence in, and property
situated within, a Colony before its incorporation in the
Union shall be treated as residence in and property situated
within the Union.
Appointment 27. The Senate shall, before proceeding to the dispatch of
mill tenure of ally other business, choose a senator to be the President of the
Prescient Senate, and as often as the office of President becomes vacant
the Senate shall again choose a senator to be the President.
The President shall cease to hold office if he ceases to be a
senator. He may be removed from office by a vote of the Sen-
ate, or he may resign his office by writing under his hand
addressed to the Governor-General.
!2S. Prior to or during any absence of the President the
Senate may choose a senator to perform his duties in his
absence.
'2^. A senator may. by writing under his hand addressed to
the Governor-General, resign his seat, which thereupon shall
become vacant. The Governor-General shall as soon as prac-
ticable cause steps to he taken to have the vacancy filled.
•'50. The presence of at least twelve senators shall be neces-
sary to constitute a meeting of the Senate for the exercise of
its powers.
•'»!. All question- in the Senate shall be determined by -,t
majority of votes of senators present other than the President
or the presiding senator, who shall, however, have and exer-
cise a casting vote in the case of an equalitv of votes.
Hou*c of A.^cmlJij.
•\'2. The llniise iif Assembly shall lie composed of members
i bv the voters ot the I nion in electoral divi-
1 as hereinafter provided.
L. :57.'5
:>;>. The number of members to be elected in tlio original Original
provinces at the first election and until the number is altered nlll"l)0r <)f
in accordance with the provisions of this Act shall bo us m
follows : -
(ape of (iood Hope Fifty-one.
.\atal Seventeen.
1 Transvaal Thirty-six.
Orange Free Slate Seventeen.
1 hese numbers mav be increased as provided in the next suc-
ceed i no- section, but shall not, in the case of any original pro-
vince, be diminished until the total number of members of
the House of Assembly in respect of the provinces herein pro-
vided for reaches one hundred and fifty, or until a period of
icn years has elapsed after the establishment of the I'liion,
whichever is (he longer period.
•54. The number of members to be elected in each province, Increase of
as provided in section / // irly-lh rcc, shall be increased from
nine to time as may be necessary in accordance with the fol-
lowing provisions : —
li) The quota of the 1'nion shall be obtained by dividing
the total number of European male adults in the ( nion, a^
ascertained at the census of nineteen hundred and four, by
the total number of members of the House of Assembly as
constituted at the establishment of the I'liion:
In) In nineteen hundred and eleven, and every five years
thereafter, a census of the European population of the (nion
shall be taken for the purposes of this Act :
iiii) After any such census the number of European male
adults in cadi proviii'-e shall be compared with the number
of European male adults as ascertained at the census of nine-
icen hundred and four, and, in the case of any province where
aa increase is shown, as compared with th;1 census of nineteen
hundred and four, equal to the quota of the ! nion or any
multiple thereof, the number of members allotted to such pro-
vince in the last preceding section shall be increased by an
additional member or an additional number of members equal
io such mill 1 1 pie, as t he case may be :
iivi Notwithstanding anything herein contained, no addi-
tional member shall be allotted to any province until the total
number of European male adults in such province exceeds the
i.uota of the 1 nion multiplied by the number of members
allotted to such province for the time being, and thereupon
additional members shall be allotted to such province in re-
- pe'-t only of such excess :
(v) A- Minn a- the number of members of the House of A--
-"iiiblv to be elected in the original provinces in accordant, '
\\i\\\ the preceding sub-section-; reaches the total of one hun-
dred and fifty. Mich total shall nut be further increased unle»x
and until 1'arliamenl otherwise1 provides: and subject to i!;e
provisions of the 1;;-1 preceding M"-IIOII the
,")7 I SotTII A !•'!{ M'A.N \AT1O.\AI, Co.\ \K.\TIO.\ , 1!>OS '()!).
members among the provinces shall be such that 1 he propor-
tion between the number of members to lie elected at any lime
in each province and the nuinher of European male adults In
sueli province, as ascertained at the last preceding1 census,
shall as Far as possible lie identical throughout the Cnion:
(vi) "Male adults" in this Act shall be taken to mean
males of twenty-one years of age or upwards not being mem-
bers of His Majesty's regular forces on full pay:
(vii) For the purposes of this Act the number of European
male adults, as ascertained at the census of nineteen hundred
and four, shall be taken to be: —
For the Cape of Good Hope 107,54(i
For \aial :J4,78-4
For the Transvaal KKi,4!).">
For the Orange Free State 41,014
Qualifications •'{•">. (^1) Parliament may by law prescribe the qualifications
which shall be necessary to entitle persons to vote at the elec-
tion of members of the House of Assembly, but no such law
shall disqualify any person in the province of the (.'ape of
Good Hope who, under the laws existing in the Colony of the
Cape of Good Hope at the establishment of the Union, is or
may become capable of being registered as a voter from being
so registered in the province of the Cape of Good Hope by
reason of his race or colour onlv, unless the Bill be passed bv
both Houses of Parliament sitting together, and at the third
reading be agreed to by not less than two-thirds of the total
number of members of both Houses. A Bill so passed at such
joint sitting shall be taken to have been duly passed by both
Houses of Parliament.
(2) Xo person who at the passing of any such law is regis-
tered as a voter in any province shall be removed from the
register by reason only of any disqualification based on race
or colour.
Application •">'!. Subject to the provisions of the last preceding section,
of existing |j)(i qualifications of parliamentary voters, as existing in the
qualification*, 1 . 1 ,,. , • ,. , ,,. . ^, n ,
several Colonies at the establishment of the ( nion, shall he
the qualifications necessary to entitle persons in the corre-
sponding provinces to vote for the election of members of the
House of Assembly: Provided that no member of His
Majesty's regular forces on full pay shall be entitled to l.e
registered as a voter.
Klcction-. ;>7. (1) Subject to the provisions of this Act. the laws in
force in the Colonies at the establishment of the I'nion relat-
ing to elections for the more numerous Houses of Parliament
in >nch Colonies respectively, the registration of voters, ihe
oalhs or dcclarat ions to be taken by voters, returning officers,
the powers and duties of such officers, the proceedings in con-
nect ion with elections, election expenses, corrupt and illegal
practices, the hearing of election petition-- and the proceedings
incident thereto, the vacating of seats of members, and the
A I'l'l.MMX L.
proceedings necessary for filling1 such vacancies, shall, 'i
muttnidi*, apply 1o tin- elections in the respective provinces of
members of t lie House of Assembly.
>'J) Notwithstanding anything to 1 lie contrary in any of the
sa:d laws contained, ;ii any general election of members of the
House of Assembly, all polls shall lie taken on one and the
same dav in all the electoral divisions t hroughoul (lie I'nion,
such day to he appointed by the ( iovenior-( ieneral-in-( 'ouncil.
:>S. 1'et \\-een the date of the passing of this Act and the f'ouimission
date fixed for the establishment of the Cnion, the, (iovernor- J|;|n'SS"
in-Coiincil of each of the ('olonics shall nominate a judge t oral divis-
of any of the Supreme or High Courts of the Colonies, and1'
the judges so nominated shall, upon acceptance l>v them
respectively of >uch nomination, form a punt commission,
without any further appointment, for the purpose of the first
division of the provinces into electoral divisions. The High
Commissioner for South Africa shall forthwith convene a
meeting of such commission at such time and place in one of
the Colonies as he shall fix and determine. At such meeting
the Commissioners shall elect one of their number as chair-
man of s-.icii commission. They shall thereupon proceed with
the discharge of their duties under this Act, and may appoint
persons in any province to assist them or to act a> assessors
1o the commission or with individual members thereof for the
purpose of inquiring into matters connected with the duties of
the commission. '1 he commission may regulate their own
procedure and may act by a majority of their number. All
moneys required for the payment of the expenses of such com-
mission before the establishment of the I'nion in any of the
Colonies shall be provided bv the (Tovernor-in-Council
of such Colonx . In case (,f the death, resignation, or other
disability of any of the Commissioners before the establish-
ment of the 1'nion, the (Tovernor-in-Couneil of the
Colony in respect of which he was nominated shall forthwith
nominate another judav to fill the vacancy. After the estab-
lishment of ilie I'nion the expenses of the comniisxiun shall
lie defrayed by the (Tovernor-General-in-C'ouneil, and anv
vacancies shall be filled bv him.
into elec- Electoral
infill divisions, each ret urniiii;1 one member. divisions.
last .M.-thnd of
1) For the purpose of such division as i- in 1
h umber of members of tin
1 herei n .
i 'J i I'.ach jirovince shall be divided into electoral division-
in such a manner that each -ueh division s|i;1H. -uhjeet to the
provision- of sub-sect ion •'! of this M'"tion. contain a number
of voters, a- nearly as mav be. eoual to t.ljv, 'jiuua <>i the iii-o-
SiMTIi Al-'KK \\ N ATIO.N Al. ( '(> V \ !..\T1<).\ , 1!M)S
1 he ( 'om in issioners shall !>'iv<
communilv or diversitv of interests:
mea us of comm un icat ion ;
phvsical features:
enisling electoral boundaries:
sparsitv or density of population;
in such manner lliat, while taking the qu'ota of voters as the
basis of division, the Commissioners may, whenever they
deem it necessary, depart therefrom, but in no case to any
greater extent than fifteen per centum more or fifteen per
centum less than the uuota.
-11. As soon a> mav be after everv <[Uin<|uennia! census, the
Governor-General-in-Couneil shall appoint a commission con-
sisting of three judges of the Supreme C_ou,r.t ot South Africa
to carry out any re-division which may have become necessary
as between the different electoral divisions in each province,
and to provide for the allocation of the number of members to
which such province may have become entitled under the pro-
visions of this Act. In carrying1 out such, re-division and
allocation the commission shall have the same powers and pro-
ceed upon the same principles as are by this Act provided in
regard to the original division.
Towers and 4'2 . (I) The joint commission constituted under section
mission to""'" thirty-eight, and any subsequent commission appointed under
delimiting the provisions of the last preceding section, shall submit to
the Governor-Genera l-in-Council —
(fi) a list of electoral divisions, with the names given to
them by the commission and a description of the boundaries of
cve-v such division :
( b ) a map or maps showing the electoral divisions in;o
\\hich the provinces have been divided:
(c) such further particulars as they consider necessarv.
("3j The Governor-General-iu-CouiieiJ may refer to the com-
mission for its consideration any matter relating to such list
or arising out of the powers or duties of the commission.
(•')) The Governor-General-in-Council shall proclaim the
names and boundaries of the electoral divisions as final-v
settled and certified by ihe commission, or a majority thereof,
and thereafter, until there shall be a re-division, the electoral
divisions as named and de-fined sha!! be the electoral division--
I nion in the provinces.
.If anv di.->crepaucy shall arise between the description
divisions and the aforesaid map or maps, the description
prevai I .
Anv alteration in the number of members of the Motive
-emblv lo be ('[('"ted in the several provinces and anv r •-
e province- 'iiio electoral divisions, sliall, in r -
•lection of members of the House of Assemblv.
i.
Arn.MMx L. :;77
mber of (lie IIouso of As-
of i
of House of
be (jualihed to !•»• I-CJT islered as a voter for the election
<it members of ihc House ol Assembly in one of the province1*;
ill) have resided lor live years \vitiim (lie limits of llie I ni.m
a^ ( \istmg- ai (lie lime when lie is elected ;
'•) he a Brilish subject of Kuropean descent.
For tlie purposes of ihis section, residence in a Colony he-
fore its incorporation in (lie I nion shall be treated a< resi-
dence in the I n ion .
-l~t. Kvcrv House of Assembly shall continue for five veavs iMinition.
from the tn>t niceling- i hereof, and no longer, hut may be
sooner dissolved bv the Governor-General.
Hi. The House of Assembly shall, before proceeding 1o the. Appointment
dispatch ot any other business, choose a member to be the jJJlJ^J1"6 of
Speaker of the House, and, us often as the office of Speaker Speaker.
becomes vacant, the House shall ag-ain choose a member to be
the Speaker. The Speakir shall cense to hold hi< office if hr-
ceases to he a member. He may he removed from office by a
vote of the House, or he may resign his office or his seaf by
writing under his hand addressed to the Governor-General.
t7. 1'iior to or during the absence of the Speaker, thr Dt-puty-
Ilouse of Assembly may choose a member to perform his S]
d ut ics i n his absence.
-IS. A member may, by \vrii m^ under his hand addressed Resignation
to the Speaker, or, if there is no Speaker, or if the Speaker is"'
absent from the I'mon, to the Governor-General, resign his
seat, \\hn-h shall thereupon become vacant.
•l!l. The presence of at least thirty members of the House of (j
Assembly shall be nece--ary to constitute a meeting' of t'.ie
House for the exercise of its powers.
•iM. All (|uestions in the House of Assembly shall be dete'-- V
mined liy a majority of votes of members present other than A^
the Speaker or the presiding member, who shall, however.
l.ave and exercise a casting1 vote in the case of an eijiiali'v r>r
votes.
lint], f//ni.*e.i ni r<:rli<i UK nl .
•>1. Kvrry senator and every memhei' of the House of AS- Oiith
semhly shall, before taking- liU scat, make and subscribe '•>< - l!,'"!',1/
toi-e the (iovernor-(jeneral, or -ome person autliorix(>d by him,
an oath or affirmation of allegiance in the following form: —
utin- in
1. .!./>'.. do swear that 1 will be faithful and bear true
allegiance !o II is Majesty f/rrc i/i.-c/-f t/ic inline nf f//i A"///.-/
/• (Jure/I nf llic I nit i <l l\ / n ijdnni nf (,'/•< (it Hritn/n mid ln-
IHIK! fni- t/i/' I i me licinj/l His \<>r ////• heirs and successors
according to law. So help me (iod.
.'),* Soi "rii AFRICAN NATIONAL CONVENTION, 1908 — '09.
Affirmation.
I, .!./>'., do solemnly and sincerely affirm and declare that I
will be faithful and bear true allegiance to His Majesty \licre
nixcrt flic name of f/ic /\/ni/ or (^uccn of I lie L lilted K/ni/t'om
t,f (ircfif Hri'tir/i anil I rein ml lor flic 'hue (><'i»</~\ His \or 7/rr]
heirs and successors according to law,
;V-2. A member of either House of Parliament shall 'be in-
disuualiHi'i'r' caj)abie of being chosen or of sitting as a member of the other
for be in v House1: Provided thai everv Minister of State who is a meni-
"htMrtlier'1 'H'r "^ ('^n(>r Hou<e of Parliament shall have the right to sit
House. and speak in the Senate and the House of Assembly, but shall
vote only iu_ the House of which he is a member.
Disqnalifiua- 5;5. No person shall be callable of belno; chosen or of sitting
tioiis for be- i i: ,1 1 i r -L-V in 1
in" a member :1^ a senator or as a member ot tlie House of Assembly who
of either (a) has been at anv time convicted of any crime or offence
f»r which he shall have been sentenced to imprisonment with-
out the option of a fine for a term of not less than twelve
months, unless he shall have- received a grant of amnestv or a
free pardon, or unless such imprisonment shall have expired
at least five vear- before the date of his election; or
(I)} is an u:i rehabil itated insolvent: or
(<•} is of unsound mind, and has been so declared by a com-
petent court : or
((1} holds any offi'-e of profit under the Crown within the
I iiion : Provided that the following persons shall not be
deemed to hold an office of profit under the Crown for the pur-
poses of this sub-section :
(1) a Minister of Slate for the I'nion:
C-2) a per<on in receipt of a pension from the Crown:
(•j) an officer or member of His Majesty's naval or military
forces on retired or half-pay, or an officer or membei1 of the
naval or military force- of the ('nion whose services are not
wholly employed bv the (nion.
•>1. It a senator or member of the House of Assembly
(") becomes subject to anv of the disabilities mentioned in
the last preceding section; or
(It) cea-es to be qualified as required bv law: or
((•} fail- for a whole ordinarv session to attend without the
special leave of the Senate or the House of Assembly, a- the
case ma v be :
hi- -eal -hail thereupon become vacant.
•"»•"). If anv per-on who is by law incapable of sitting as a
senator or member of the House of Assembly shall, while so
di-<|iialified and knowing or having reasonable grounds for
knowing thai he is so disqualified, sit or vote as a member of
the Senate or the House of As-emblv he -hall be liable to a
penaltv of one hundred pounds for each dav on which he -hall
-o sit or vole, to be recovered on behalf of the Treasury of the
I nion bv a<-t ion in anv Superior Court of the ( nion.
")(i. Kadi -enator and each member of the House ot A —
-emblv -hall, under >uch rules as shall be framed by Parlia-
ment, receive an allowance of four hundred pounds a year..
Id lie reckoned from the date on which he takes his seat: Pro-
vided that for every dav of the session on which he is absent
there slial! be deducted from such allowance the sum of three
pounds; Provided furlher that no Mich allowance shall be
paid to a Minister receiving a salary under the Crown or to
the President of the Senate or the Speaker of the House of
Assembly. A dav ot I he session shall mean in respect of a
member any day during a session on which the House of which
iie 's a member or any conimiltee of which he is a member
meets.
•)(. The powers, privileges, and immunities of the Senate '"' 'ivilejres of
and of the House of Assembly and otiTiT1"- mfrrrtiers and com- i^MauM-nt
mittees ot each House shall, subject to the provisions of this
Act, lie such as are declared by Parliament, and until de-
clared shall be those of the Hou^e of Assembly of the Cape of
(rood Hope and of its members and eommitiees at the estab-
I !sh ment oft he I ' n ion.
•>^- Kaeli House of Parliament may make rules and orders Rules of
•with respect to the order and conduct of its business and pro- procedure
ceedings. I'ntil such rules and orders shall have been made
the rules and orders of the Legislative Coum-il and House of
Assembly of the Cape of Good Hope at the establishment of
the 1 mon shall HI utai i* imitfintlix apply to the Senate and the
House of Assembly respectively. If a joint sitting of both
Houses of Parliament is required under the provisions of this
Act, it shall be convened bv the Governor-General by message
to both Houses. At any such joint sitting the Speaker of the
House of Assembly shall preside, and the rules of the House
ot Assembly shall, as far as practicable, apply.
•»!(. Parliament shall have full power to make laws for the |'(, \\vrs of
peace, order, and good government of the I mon. Parliament.
(JO. (1) Hills appropriating revenue or moneys or imposing Money Bills.
taxation shall originate only in the House of Assembly. JJnt
a Hill shall not be taken to appropriate revenue or moneys or
to impose taxation bv reason only of its containing provisions
for the imposition or appropriation of tines or other pecuniary
penalt ies.
i '.j ) The Senate mav not amend any Bills so far a> they
impose taxation or appropriate revenue or moneys for the ser-
vices of the ( lovernment .
(•'!i 'I he Senate mav not amend aiiv Hills so as to increase
any proposed charges or burden on the people.
(il. Any Hill which appropriates revenue or moneys for the Approiiria-
oidinarv animal services of the Government shall deal only tll)n lii'ls
w it h siieli a ppropriat ion .
(i'J. The House of Assembly shall not originate or pas- any i;,.,.,),],,,^];^
vote, resolution, addles-, or Bill for the appropriation of any '.inn of money
part of the public revenue or of aiiv tax or impost to any %
purpose unit — such appropriation has been recommended by
."),so Soi in AKKHAN XATIOXAL CO.VVKXTIOX, 1!M)S — '()!).
message from the Governor-General during the session in-
whi'-h such vote, resolution, address, or Bill is proposed.
(>•'!. If (he House of Assembly passes any Bill and the Sen-
ate rejects or fails to pass it, or passes it with amendments to
which the House of Assembly will not agree, and if the House
of Assembly in the next session again passes the Bill with or
without any amendments which have been made or agreed to
bv the Senate and the Senate rejects or fails to pass it or
passes it \\ith amendments to which the House of Assembly
will not agree, the Governor-General may during that session
convene a punt sitting of the members of the Senate and
House of Assembly. The members present at any such joint
sitting may deliberate, and shall vote together upon the Bill
as last proposed bv the House of Assembly, ami upon amend-
ments, if any. which have been ma.de therein bv one House of
Parliament, and not agreed to bv the other: and any such
amendments which are affirmed by a majority of the total num-
ber of the members of the Senate and House of Assembly pre-
sent at such sitting shall lie taken to have been carried, and if
the Bill with the amendments, if any, is affirmed by a majority
ol the members of the Senate and House of Assembly present at
such sitting, it shall lie taken to have been duly passed by both
Houses o.F Parliament : Provided that, if the Senate shall re-
ject or fail to pass anv Bill dealing \\it\\ the appropriation of
revenue or moneys for the public service, such joint sitting
mav- be convened during the same session in which the Senate
so rejects or fails to pass such Bill.
C>4. When a Bill is presented to the Governor-General for
the King's Assent, he shall declare according to his discretion,
but subject to the provisions of this Act. and to such instruc-
tions as n:av from time to time be given in that behalf by the
Kino-, that he assents in the King's name, or that he with-
holds assent, or that he reserves the Bill for the signification
of the King's pleasure. Ail Bills repealing or amending this
section or anv of the provision- of Chapter I\. under the
heading " House of Assembly," and all Bills abolishing pro-
vincial councils or abridging the powers conferred on provin-
cial councils under section eri/Itty-fii'e, otherwise than in
accordance with the provisions of that section, shall be so re-
served. The Governor-General may return to the House in
which it originated any Bill so presented to him, and may
transmit therewith any amendments which he may recom-
mend, and the House may deal with the recommendation.
()•">. The Kino- max disallow any law within one year after
it has been assented to bv the Governor-General, and such dis-
allowance, on being ma.de known by the Governor-General ivy
speech or message to each of the Houses of Parliamen'
proclamation, shall annul the law from the day when
a • !ii\ anc" is so made known .
IKi. A Bill reserved for the King's pleasure shall not have any
force unless and until within one year from the day on which it
was presented to the Governor-General for the King s Assem,
Al'I'I.MHX L. •'>*!
the Governor-General makes known by speech or message in
each of t !MV !Ioii>es of l';i ri i;i incut or by prochi mat ion thai ii
lias received the King's Assent.
(17. As soon ;is mav lie after anv la\v shall have been a>- •'^n:i-in-c:i!
sented to in the King's name by the (Jovenior-fieneral, or l,',"^',. '."..' '
having lieen reserved for the King's pleasure shall have re-
ceived his assent, the ('lerk of the House of Assembly shall
cause t\vo fair copies of Mich la\\ , one being in the Knglish
and the other in the Dutch language lone of which copies
shall he sjn-ned hv the (iovernor-deneral), to he enrolled of
record in the oHice of the Registrar of the A])j)ellate Division
of the Supreme Court of South Africa: and such copies shall
he conclusive evidence a> to (he provisions of everv such law,
and in case of conflict between the two copies thus deposited
that signed by tiic ( »overnor-( ienera I shall |>revail.
V. Tin' /'
. 1 dm tn /.<! nilnr*.
(IS. (1) In each province there shall be a chief executive Appointment
officer appointed bv the (.TOvernor-General-in-Council, who j'jjj,1.,'.','"-"1'
shall be style-d the administrator of the province, and in whose provincial
name all executive acts relating to provincial affairs therein !l'^llinistra"
shall be done.
('•*) In the appointment of the administrator of anv pro-
vince, the (lOvernor-General-in-Connci! shall, as far as prac-
ticable, give preference to persons resident in such province.
(;!) Such administrator shall hold office for a term of five
vears, and shall not be removed before the expiration thereof
except bv the ( iovernor-( ienera l-in-( 'oiincj 1 for cause assigned,
which shall lie communicated bv message1 to both House's of
Parliament \\ithin one week after the removal, if Parliament
be- then sitting, or, it Parliament be not sitting, then within
one1 week alter the1 commencement of the next ensuing session.
(4) The ( !overnor-( ienera i-i n-( 'ounci 1 mav from time to
time appoint a depul v-adm in i--; rator to execute the office and
function- of ihe administrator during his absence, illness or
other mabil it v.
(ii). The salaries of the administrators shall be tixed and >alarir-
provided by Parliament, and shall not be reduced durinn1 their l',;^"11
respect i ve 1 (M'lns of otticc.
/ ' rn r i ii<-iiil ( nn n ftl .< .
70. i ! i There shall be a provincial council in each province, ('oust i tut ion
consisting of the same1 number of members as are elected in "' I"'OV11U
the province for the House of Assembly: Provided that, in
anv province1 whose representatives in the House of Assembly
shall be1 less than twenty-five in numbe'r, the provincial coun-
cil shall consist of t weni v-fi ve1 members.
AKKHAX NATIONAL ( 'ox VKNTIOX, 1!M)8 — '09.
Application
of sections
fifty-three to
fifty-five to
provincial
councillors.
Tenure of
office by pro-
vincial
councillnrs.
Sessions <
provincia
councils.
i'J) Any person qualified io vole for the election of members
the provincial council shall he qualified Io l;e a member of
such
71. ; 1 ) 'Ihe members of the provincial council shall be elected
by the persons qualified to vote for the election of members of
ihe House of Assembly in the province voting1 in the same elec-
toral divisions as are delimited for the election of members of
i lit1 Mouse of Assembly: Provided thai, in anv province in
which less than t\venty-1i\ e members are elected to the House
of Assembly, the delimitation of the electoral divisions, and
any necessary re-allocation of members or adjustment of elec-
toral divisions shall be ellecled by the same commission and
on the saint1 principles as are prescribed in regard to the elec-
toral divisions for lhe House of Assembly.
('•2) Any alteration in the number of members of the pro-
vincial council, and any re-division of the province into
electoral divisions, shall come into operation at the
next general election for such council held after the comple-
tion of such re-division, or of anv allocation consequent upon
such alteration, and not earlier.
(•'5) The election shall take place at such times as the ad-
ministrator shall by proclamation direct, and the provisions of
section thirty-Keren applicable Io ihe election of members of
the House of Assembly shall in n Infix in n I mid 'is apply to such
elect ions.
72. The provisions of sections fifty-thru?) fifty- four ^ and
fifty-five, relative to members of the House of Assembly, shall
in utul i* mittnmlin apply to members of the provincial councils :
Provided that any member of a provincial council who shall
become a member of either House of Parliament shall there-
upon cease to be a member of such provincial council.
7-'!. Kach provincial council shall continue for three years
from the date of its first meeting1, and shall not be subject to
dissolution save by cffluxion of lime.
74. The administrator of each province shall by proclama-
tion fix such times for holding lhe sessions of the provincial
coum-ils as he mav think fit and may from time to time pro-
rogue such council: Provided that there shall be a session of
every provimial council once at least in every year, so that a
period of twelve months shall not intervene between the last
-itting of the council in one session and its first sitting in the
next -ession.
7"). The pro\
bers a chairma
proceed i ;
I rat or to
effect un
cia! council shall elect from amony it- niem-
and may make rules for the conduct of its
Sii'-h rules shall be transmitted by the adminis-
(iovernor-Meneral, and -hall have full force1 and
and until the (jrovcrnor-tieneral-in-Council shall
cxnrc-- hi- disapproval thereof
ad in in i-l rat or.
7(i. The members of the provi ncia
-udi allowances a- -hall be detei
( ieiiera i-in-( 'onncil .
dr
to
77. There ^li;»ll be freedom of speech in the provincial Fretiloin of
council, iind MO member >liall be liable to ;inv action or pro- s!M'('c;^ '."
... . .... , " T provincial
ceedino- in ;HIV coiiri liv reason ot his speech or vote in >ncli (.,,im<-il-.
council .
I'j ,1't'C II 1 1 T( ( II III III I t/l'CX.
7S. (1) Much pro\ incia I council shall at its first meet in<; I'ms incial
alter any f^eneral election elect from ainon^ its members, or ''*' 'cun,^'(
otherwise, four persons to form with 1 lie administrator, \vlio
shall lie chairman, an executive committee lor the province.
The members of ihe executive committee other than the ad-
m i n is) rat or shall hold office until the election of their siic< e—
sors i n t he sa me man ner.
("2) Such meml>er> shall receive siich remu nerat ion a- I lie
provincial council, with the appro\'al of the ( iovernor-( Jen-
era l-i n-( 'on nci 1 , shall determine.
(•'I) A member of the provincial council shall not he dis-
<|ualilied from silt inn- ;>s n member bv reason of his having
heen elected as a member of the executive committee.
( I) Ar.v casual vacancv arising in tin1 executive committee
shall lie tilled hv election hv the provincial council if then in
session, or, if the council is not in ses>ion. l>v a person a p-
poinled hv the executive committee to hold oifice temporarily
pending an election hv the council.
7!). The administrator and anv other member of the execu- Iti-'li' "'
.. • ' . i i i. , i udiiiin.-' n/-
tive committee ot a province, not being1 a member ot the pro- tnl. ,.t(. .,,
vincial council, shall have the ri^'lit to take part in the pro- take pur. in
ceedinj^s of the council, but shall not have the ri^'ht to vote. )','•' j^^vi'^iai
50. The executive committee shall on behalf of the pro- cnunc-il.
vim-ia: council carr\" on the administration of provincial I'owrr- ><\'
affairs. I'niil the i\r-[ ("lection of members to serve O11 ,lx"Vni"v(-
the executive1 committee, such administration sliall be car- c'lnnniitccs.
ried on by the administrator. Whenever there are not
sufficient members of the executive committee to form a
i|uorum according to the rules of ihe committee, the adminis-
trator .shall, as voon :;s nract icable, convene a meet MIS'' of the
I r^
provincial council for ihe purpose of electing members to fill
the vacancies, and until such election the administrator sliall
carrv on the administration of provincial affairs.
51. Subject to the provisions of this Act. all po\\ er-. Transfer .,f
authorities, and fum-honx \\hidi at the establishment of the ' mv(.'!> !",
... . . , , , . . . provincial
1 nion are in anv ot tlie v olonies vested in or exercised bv t lie extent ivr
(lovernor or the ( iovenior-i n-( 'ouncil , or anv Minister of the ''""""M;''''~-
('olony, shall after such establishment !>;• vested in the execu-
1i\'e committee of the province >o tar as such po\vers, authori-
ties, and functions relate to matters in respect of \vhich the
provincial council i- <-oin]H>leiit to make ordinances.
S'J. (Questions arisino- \\\ ihe executive committee shall be ^""'i1'-. '"
determined by a majority of votes of the members present . '.?i|'n ,",';'•;,'.,..
and. in ease of an eijiiahtv of voles, the administrator sliall
have also a casting vote. Subject to the approval of the
( iovernor-( ienera l-i n-( 'ounci 1 . the executive committee mav
make rules fnr tiie conduct of its proceedings..
-| Sol Til A Kin CAN .\ AT l().\ A I. ( 'o.\ \ K.XT 1OX, l!)OH — '()!).
S-5. Subject io the provisions of any law passed by Parlia-
regulating the conditions of appointment, tenure of
retirement and superannuation of public officers, the
committee shall liave power to appoint such officers
y lie necessary, m addition to officers assigned to the pro-
by the Governor-General-in-Council under the provisions
Act to carry out the services entrusted to them and
and enforce regulations for the organisation and dis-
cipline of such otlicers.
<S4. In regard to all matters in respect of which no powers
are reserved or delegated to the provincial council, the admin-
istrator shall act on behalf of the Governor-General-in-Coim-
cil when required to do so, and in such matters the adminis-
trator may act without reference to the other members of the
execuf i ve committee.
/'otcfT* <>j Provincial Council*.
85. Subject tf> the provisions of this Act and the assent of
the Governor-General-in-Council as hereinafter provided, the
provincial council may make ordinances in relation to mat-
ters coming within the following classes of subjects (that is
to say] : —
(i) Direct taxation within the province in order to raise a
revenue for provincial purpose:- :
(ii) The borrowing of money on the sole credit of the pro-
vince with the consent of the Governor-General-in-Council
and iu accordance with regulations to be framed by Parlia-
ment :
(iii) Kdii<-at ion, other than higher education, for a period
of five years and ihereafler until Parliament otherwise pro-
vides :
(iv) Agriculture to the extent and subject to the conditions
in lie defined by Parliament :
(v) The establishment, maintenance, and management of
hospitals and charitalde institutions:
(vi ) Municipal institutions, divisional councils, and other
local institutions of a similar nature:
(vii) Local works and undertakings within the province
other than railways and harbours and other than such works
as extend beyond the borders of the province, and subject to
the power of Parliament to declare any work a national work
and to proyide for its construct ion by arrangement with the
provincial council or otherwise:
(viii) 1'oads, out-pan<, pouts, and bridges, other than
bridges connect ing two province:-:
! ix ) Markets and pounds :
i.\] Fi-.li and game preservation :
i'xi) The imposition of punishment by tine, penally, or nn-
fur enforcing;' any law or any ordinance of the pro-
in relation to anv matter coming within any of
f -ub'ect- enumerated in this section :
Ari'KNDix L. 385
(xii) Generally all matters which, in the opinion of the
Governor-General-in-Couneil, are of a merely local or private
nature in the province :
(xiii) All other subjects in respect of which Parliament
shall by any law delegate the power of making ordinances to
the provincial council.
8G Anv ordinance made bv a provincial council shall have Effect of
«•• • i i i- i '4 * provincial
effect in and for the province as long and as tar only as it is or(linances
not repugnant to any Act of Parliament.
87. A provincial council may recommend to Parliament the Recommen-
passing of any law relating to any matter in respect of which f
such council is not competent to make ordinances.
88. In regard to any matter which requires to be dealt with
by means of a private Act of Parliament, the provincial eoun- ,)r0per to be
cil of the province to which the matter relates mav, subject to dealt with by
1111 i'-ii i i» i • . i • private Bill
such procedure as shall be laid down by Parliament, take evi- {e,rjBiatjonp
deuce by means of a Select Committee or otherwise for and
against the passing of such law, and, upon receipt of a report
from such council, together with the evidence upon which it
is founded, Parliament may pass such Act without further
evidence being taken in support thereof.
89. A provincial revenue fund shall be formed in every Constitution
province, into which shall be paid all revenues raised by or revenue ffi'.d
accruing to the provincial council and all moneys paid over
by the Governor-General-in-Council to the provincial council.
Such fund shall be appropriated by the provincial council by
ordinance for the purposes of the provincial administration
generally, or, in the case of moneys paid over by the Gover-
nor-General-in-Council for particular purposes, then for such
purposes but no such ordinance shall be passed by the pro-
vincial council unless the administrator shall have first recom-
mended to the council to make provision for the specific ser-
vice for which the appropriation is to be made. Xo money
shall be issued from the provincial revenue fund except in
accordance with such appropriation and under warrant signed
by the administrator: Provided that, until the expiration of"
one month after the first meeting of the provincial coun-
cil, the administrator may expend such moneys as may be
necessary for the services of the province.
90. When a proposed ordinance has been passed by a pro- Assent to
vincial council it shall be presented by the administrator ! '
the Governor-General-in-Council for his assent. The Gover-
nor-General-in-Council shall declare within one month from
the presentation to him of the proposed ordinance that he
assents thereto, or that he withholds assent, or that lie reserves
the proposed ordinance for further consideration. A proposed
ordinance so reserved shall not have any force unles> and until
within one year from the dav on which it was presented to the
Governor-General-in-Council, he makes known bv proclama-
tion that it lias received his absent.
91. An ordinance audited to by the Governor-General-in- Effect and
Council and promulgated by the administrator shall, Abject
386 Sorxir AFRICAN NATIONAL CONVENTION, 1908 — '09.
Audi! of
provincial
accounts;
Continuation
of powers of
divisional
and munici-
pal councils.
Scats of
provincial
yovernmt'nt.
to the provisions of this Act, have the force of law within the
province. The administrator shall cause two fair copies of
every such ordinance, one being in the English and the other
in the Dutch language (one of which copies shall be signed by
the Governor-General), to be enrolled of record in the office of
the Registrar of the Appellate Division of the Supreme Court
of South Africa; and such copies shall be conclusive evidence
as to the provisions of such ordinance, and, in case of conflict
between the two copies thus deposited, that signed by the
Governor-General shall prevail.
M i sccl l<i in'OK*.
92. (1) In each province there shall be an auditor of ac-
counts to be appointed by the Governor-General-in-Council.
(2) No such auditor shall be removed from office except by
the Governor-General-in-Conncil for cause assigned, which
shall be communicated by message to both Houses of Parlia-
ment within one week after the removal, if Parliament be
then sitting, and, if Parliament be not sitting, then within
one week after the commencement of the next ensuing session.
(3) Each such auditor shall receive out of the Consolidated
Revenue Fund such salarv as the Governor-General-in-Coun-
cil, with the approval of Parliament, <shall determine.
(4) Each such auditor shall examine and audit the accounts
of the province to which he is assigned subject to such regula-
tions and orders as may be framed by the Governor-General-
in-Council and approved by Parliament, and no warrant
signed by the administrator authorising the issuing of money
shall have effect unless countersigned by such auditor.
9o. Notwithstanding anything in this Act contained, all
powers, authorities, and functions lawfully exercised at the
establishment of the Union by divisional or municipal coun-
cils, or any other duly constituted local authority, shall be
and remain in force until varied or withdrawn by Parliament
or by a provincial council having power in that behalf.
94. The seats of provincial government shall be —
For the Cape of Good Hope ... Capetown.
For Xatal Pietermaritzburg.
For the Transvaal Pretoria.
For the Oranjje Free State . Bloemfontein.
VI. The Supreme Court <>f South Africa.
9-"). There shall be a Supreme Court of South Africa con-
sisting of a Chief -lust ice of South Africa, the ordinary judges
of appeal, and the oilier judges of the several divisions of the
Supreme Court of South Africa in the provinces.
9(i. There shall be an Appellate Division of the Supreme
Court of South Africa, consisting1 of the Chief Justice of
South Africa, 1\vo ordinary judges of appeal, and two addi-
tional judges of appeal. Such additional judges of appeal
x L. 387
sliall ho assigned by the Ciovernor-General-in-Council to the
Appellate Division from any of the provincial or local divisions
of the Supreme Court of South Africa, but shall continue to
perform their duties as judges of their respective divisions
when their attendance is not required in the Appellate Divi-
sion.
!>7. The Govornor-Goneral-in-Counoil may, during the Filling of
absence, illness, or other incapacity of the Chief .Justice "f v'iicande?in
South Africa, or of any ordinary or additional judge oi ' \i>ncllate
appeal, appoint anv other judge of the Supreme Court of
South Africa to act temporarily as such chief justice, ordi-
nary judge of appe;,!, or additional judge of appeal, as the
case may be.
!)S. (1) The several supreme courts of the Cape of Good ^"iistitution
ir "\- i i 1.1 rp i ,1 ir- i i< i • * i "' provincial
Hope, .Natal and the Iransvaal, and the High Court oi 1 lie a,,,| ]OC!li
Orange River Colony shall, on the establishment of the ! mon. ''.ivisions oi
become j)i'ovincial divisions of the Supreme Court of South <;|*1I1'JI.|'1L
Africa with;;; their respective provinces, and shall each be
presided over by a judge-president.
C2) The court of the eastern districts of the Cape of (rood
Hope, the High Court of Griqualand, the High Court of \Vit-
watersrand, and the several circuit courts, shall become lo-'-al
divisions of the Supreme Court of South Africa within the re-
spective areas of their jurisdiction as existing at the establish-
ment of the Cuion.
(•'}) The said provincial and local divisions, referred to in
this Act as superior courts shall, in addition to any original
jurisdiction exercised by the corresponding courts of the Col-
onies at the establishment of the Cnion, have jurisdiction in
all matters —
(a] in which the Government of the I'nion or a person suing
or being sued on behalf of such Government i-- a party:
(f>) in which the validity of any provincial ordinance shall
come into quest ion.
(4) I nless and until Parliament shall otherwise provide, the
said superior courts shall in itt/it/.< /// ui<in<H.< have the same
jurisdiction in matters affecting the validity of elections of
members of the [Louse of Assembly and provincial councils as
the corresponding courts of the Colonies have at the establidi-
ment of the I'liion in regard to parliamentary elections ii,
such Colonies respectively.
!)!). All judges of the Mipreme courts of the Colonies, in- < •,,iitimmtion
eluding the High Conn of the ((range River Colony, holding in.ott?ceot'
office at the establishment of the L'nion sliall on su<-h estab- 'iu,^rt,s^
lishment become judges of the Supremo Court of South Afr:<-a,
assigned to the divisions of the Supreme Court in the respec-
tive provinces, and shall retain all such rights in regard to
salaries and pensions as they may possess at the establishment
of the I'nion. The Chief Justices of the Colonies hoMino-
office at the establishment of the I'nion shall on such estab-
lishment become the Judges-President of the division- of the
Supreme Court in the respective provinces, but shall -o long
388 SOUTH AFRICAN NATIONAL CONVENTION, 1908 — '09.
Appointment
and
remuneration
of judges.
Tenure of
office by
judges.
Reduction in
number of
judges.
p peals to
ippellate
Existing
appeals.
Appeals from
inferior
courts to
provincial
divisions
as they hold that office retain the title of Chief Justice of their
respective provinces.
100. The Chief Justice of South Africa, the ordinary judges
of appeal, and all other judges of the Supreme Court of South
Africa to be appointed after the establishment of the Union,
shall be appointed by the Governor-General-in-Council, and
shall receive such remuneration as Parliament shall prescribe,
and their remuneration shall not be diminished during their
continuance in office.
101. The Chief Justice of South Africa and other judges
of the Supreme Court of South Africa shall not be removed
from office except by the Governor-General-in-Council on an
address from both Houses of Parliament in the same session
praying for such removal on the ground of misbehaviour or
incapacity.
102. Upon any vacancy occurring in any division of the
Supreme Court of South Africa, other than the Appellate
Division, the Governor-General-in-Council may, in case he
shall consider that the number of judges of such court may
with advantage to the public interests be reduced, postpone
filling the vacancy until Parliament shall have determined
whether such reduction shall take place.
10-3. In every civil case in which, according to the law in
force at the establishment of the Union, an appeal might have
been made to the Supreme Court of any of the Colonies from
a superior court in any of the Colonies, or from the High
Court of Southern Rhodesia, the appeal shall be made only
to the Appellate Division, except in cases of orders or judg-
ments given by a single judge, upon applications by way of
motion or petition or on summons for provisional sentence or
judgments as to costs only, which by law are left to the dis-
cretion of the court. The appeal from any such orders or
judgments, as well as any appeal in criminal cases from any
such superior court, or the special reference by any such court
of any point of law in a criminal case, shall be made to the
provincial division corresponding to the court which before
the establishment of the Union would have had jurisdiction
in the matter. There shall be no further appeal against any
judgment given on appeal by such provincial division except
to the Appellate Division, and then only if the Appellate
Division shall have given special leave to appeal.
104. In every case, civil or criminal, in which at the estab-
lishment of the Union an appeal might have been made from
the Supreme Court of any of the Colonies or from the High
Court of the Orange liiver Colony to the King-in-Council, the
appeal shall be made only to the Appellate Division : Provided
that the right of appeal in any civil suit shall not be limited
by reason only of the value of the matter in dispute or the
amount claimed or awarded in such suit.
10-). In every case, civil or criminal, in which at the estab-
li.-hment of the Union an appeal might have been made from
a '-ourt of resident magistrate or other inferior court to a
Ai'i'KXDix L. 389
superior court in any of the Colonies, the appeal shall be made
to the corresponding division of the Supreme Court of South
Africa; but there shall be no further appeal against any judg-
ment given on appeal by such division except to the Appellate
Division, and then only if the Appellate Division shall have
given special leave to appeal.
100. There shall be no appeal from the Supreme Court of Provisions au
South Africa or from any division thereof to the King-in- fht^int-in-'
Council, but nothing herein contained shall be construed to Council,
impair any right which the King-in-Council may be pleased to
exercise to grant special leave to appeal from the Appellate
Division to the King-in-Council. Parliament may make laws
limiting the matters in respect of which such special leave
may be asked, but Hills containing any such limitation shall
be reserved by the Governor-General for the signification of
His Majesty's pleasure : Provided that nothing in this sec-
tion shall affect any right of appeal to His Majestv-in-Council
from any judgment given by the Appellate Division of the 53 & r>4 Viet.,
Supreme Court under or in virtue of the Colonial Courts of c- 27>
Admiralty Act, 1890.
107. The Chief Justice of South Africa and the ordinary Rules of
judges of appeal may, subject to the approval of the Governor- procedure in
General-in-Council, make rules for the conduct of the proceed- Division6
ings of the Appellate Division and prescribing the time and
manner of making appeals thereto. Until such rules shall
have been promulgated, the rules in force in the Supreme
Court of the Cape of Good Hope at the establishment of the
I nion shall mutati* mutandis apply.
108. The Chief Justice and other judges of the Supreme Rules of
Court of South Africa may, subject to the approval of the provfndal"'
Governor-General-in-Council, frame rules for the conduct of and local
the proceedings of the several provincial and local divisions. ' 1V1M
Until such rules shall have been promulgated, the rules in
force at the establishment of the Union in the respective courts
which become divisions of the Supreme Court of South Africa
shall continue to apply therein.
10!). The Appellate Division shall sit in Bloeinfontein, but Place of
mav from time to time for the convenience of suitors hold "^\
• • i i • Appellate
its sittings at other places within the I nion. Division.
110. On the hearing of appeals from a court consisting of Quorum for
two or more judges, five judges of the Appellate Division shall
form a i|iiorum, but, on the hearing of appeals from a single
judge, three judges of the Appellate Division shall form a
quorum. Xo judge shall lake part in the hearing of any
appeal against the judgment given in a case heard before
him.
111. '1 he process of the Appellate Division shall run Jurisdiction
throughout the Union, and all its judgments or orders shall j^
have full force and effect in every province, and shall be exe-
cuted in like manner as if they were original judgments or
oiders of the provincial division of the Supreme Court of
South Africa in -~ucli province.
Sot TII AFHKAN XATIONAL CONVENTION, 1908 — '09.
Of 11;?. The registrar of every provincial division of the Su-
'*' prcn.e Court of South Africa, if thereto requested by any
party in whose 1a\our any judgment or order has been given
or made by any oilier dmsion, shall, upon the deposit with
him of an authenticated copy of such judgment or order, and
on proof (hat the same remains unsatisfied, issue a writ or
oilier process for the execution of such judgment or order,
and thereupon such writ or oilier process shall be executed in
like manner as it it had been originally issued from the divi-
sion of which lie is registrar.
11-5. Any provincial or local division of the Supreme Court
suits from OIH> of South Africa to which it may- be made to appear that any
hiaii'^H vision ( 'v^ su^ pending therein may be more conveniently or fitly
; .another. heard or determined in another division may order the same to
be removed to such other division, and thereupon such last-
mentioned division may proceed with such suit in like manner
as if it had been originally commenced therein.
Registrar and 114. The Governor-General-iii-Couneil may appoint a regis-
otHccrs of irar of the Appellate Division and such other officers thereof
Division.6 a'; slial! ^)(1 required for the proper dispatch of the business
thereof.
.i 1U>. (1; The laws regulating the admission of advocates
andatiorncvs. and attorneys to practise before any superior court of any
of- the Colonies shall inuluth n> tittii/'h'.-- apply to the admission
of advocate^ and attorneys to practise in the corresponding
division of the Supreme Court of South Africa.
('2} All advocates and attorneys entitled at the establish-
ment of the Union to practise in any superior court of any of
the Colonies shall be entitled to practise as such in the corres-
ponding division of the Supreme Court of South Africa.
(:J) All advocates and attorneys entitled to practise before
any provincial division of the Supreme Court of South Africa
shall be entitled to practise before the Appellate Division.
ll(i. All suits, civil or criminal, pending in any superior
court of any of the Colonies at the establishment of the Union
shall stand removed to the corresponding division of the
Supreme Court of South Africa, which shall have jurisdiction
to hear and determine the same, and all judgments and orders
of anv superior court of any of the Colonies given or made
before the establishment of the Union shall have the same
force and effect as if they had been given or made by the cor-
responding division of the Supreme Court of South Africa.
All appeals to the King-in-Couilcil which shall be pending at
the establishment or the Union shall be proceeded with as if
1 his Act had not been passed .
\ II. Finance ami /•fti/firtiua.
117. All revenues, from whatever source arising, over
which the .-everal Colonies have at ihe establishment of the
on power of appropriation, shall vest m the Governor-
-Council. There shall be formed a 1'ailwav and
x L. 391
Harbour Fund, into which shall be paid all revenues raised or
received by the Goveruor-Geueral-in-Council from the admin-
istration of the railways, ports, and harbours, and such fund
shall be appropriated by Parliament to the purposes of the
railways, ports and harbours in the manner prescribed by this
Act. There shall also be formed a Consolidated Kevenue
Fund, into which shall be paid all other revenues raised or re-
ceived by the Governor-GcneraI-in-( 'ouncil, and such fund
shall be appropriated by Parliament for the purposes of the
I nion in the manner prescribed by this Act, and subject to
the charges imposed thereby.
IIS. The Governor-General-iu-Couueil shall, as soon as may Commission
be after the establishment of the Fnion, appoint a comin is- of inquiry
sion, consisting of one representative from each province, and r|!iatj0"
presided over by an officer from the Imperial Service, to insti- between
lute an inquiry into the financial relations which should ^"vjn^
exist between the I'nion and the provinces. Pending the
completion of that inquiry and until Parliament otherwise
provides, there shall be paid annually out of the Consolidated
Revenue Fund to the administrator of each province —
(<i) an amount equal to the sum provided in the estimate^
for education, other than higher education, in respect of the
financial year, 1!M)S-!J, as voted by the Legislature of the cor-
responding colony tluring the year nineteen hundred and
eight :
(It) such further sums as the Governor-Genera 1-in-Coun-
cil may consider necessary for the due performance of the ser-
vices and duties assigned to the provinces respectively.
I'ntil such inquiry shall be completed and Parliament shall
have made other provision, the executive committees in the
several provinces -hall annually submit estimate- of then-
expenditure for the approval of the Governor-General-in-
Council, and no expenditure -hall be incurred by any execu-
tive committee which i- not provided for in -udi approved
est imatc-.
11:). The annual interest of the public debt- of the Colonies Security for
and any -inking funds constituted by law at the establishment ('xistjn^
i ' i • i 1 1 r -u i' ,1 i- i' i i i public debts.
ot the I nion snail torni a first charge on the ( onsolulateu
Revenue Fund.
I'JD. Xo money shall be withdrawn from the Consolidated Requirement*
Revenue Fund or the Railway and Harbour Fund except un- '|'r'n^,|j ,'j-
der appropriation made by law. Hut, until the expiration of money from
two month- after the first meeting of Parliament, the Gov- tum'
ernor-General-in-Council may draw therefrom and expend
such moneys as may be necessary for the public service, and
fur railway and harbour administration respectively.
I'^i. All stocks ca-h, banker-' balances, and -ecurities jor Transfer of
belonging to each of the Colonie.- at the establishment ('<>l»nial
I'nion -hall be the property of the I'nion: Provided Jh^Vnj'V
thai the balance- of any fund- rai-ed at the establishment
of the I nion by law for any -pecial purpo-e- in any of the
Colonie- shall be deemed to have been appropriated by Par-
392 SorTii AFRICAN NATIONAL CONVENTION, 1908 — '00.
Crown lands
etc.
Mines and
minerals.
Assumption
by Union of
colonial debts,
Ports, har-
bours, and
railways.
Constitution
of Railway
and Harbour
Board.
Administra-
tion of rail-
ways, ports,
and harbours
liarnent for the special purposes for which they have been
provided.
122. Crown lands, public works, and all property through-
out the Union, movable or immovable, and all rights of
whatever description belonging to the several Colonies at the
establishment of the Union, shall vest in the Governor-
General-in-Council subject to any debt or liability specifically
charged thereon.
12-'}. All rights in and to mines and minerals, and all rights
in connection with the searching for, working for, or dis-
posing of, minerals or precious stones, which at the establish-
ment of the Union are vested in the Government of any of
the Colonies, shall on such establishment vest in the Gov-
ernor-General-in-Council.
124. The Union shall assume all debts and liabilities of the
Colonies existing at its establishment, subject, notwithstand-
ing any other provision contained in this Act, to the condi-
tions imposed by any law under which such debts or liabilities
were raised or incurred, and without prejudice to any right*
of security or priority in respect of the payment of principal,
interest, sinking fund, and other charges conferred on the
creditors of any of the Colonies, and may, subject to such
conditions and rights, convert, reneAV, or consolidate such
debts.
125. All ports, harbours, and railways belonging to the
several Colonies at the establishment of the Union shall from
the date thereof vest in the Governor-General-in-Coim'-il. !So
railway for the conveyance of public traffic, and no port, har-
bour, or similar work, shall he constructed without the sanction
of Parliament.
126. Subject to the authority of the Governor-General-in-
Couneil, the control and management of the railways, ports,
and harbours of the Union shall be exercised through a Board
consisting of not more than three commissioners, who shall
be appointed by the Governor-Genera 1-iii-Council, and a min-
ister of State, who shall be chairman. Each commissioner
shall hold office for a period of nVe years, but may be re-
appointed. He shall not be removed before the expiration of
his period of appointment, except by the Governor-General-in-
Council for cause assigned, which shall be communicated by
message to both Houses of Parliament within one week after
the removal, if Parliament be then sitting, or, if Parliament
be not sitting, then within one week after the commencement
of the next ensuing session. The salaries of the commis-
sioners shall be fixed by Parliament and shall not be reduced
during their respective terms of office.
127. The railways, ports, and harbours of the Union shall
be administered on business principles, due regard being had
to agricultural and industrial development within the Union
and promotion, by means of cheap transport, of the settlement
of an agricultural and industrial population in the inland por-
tions of all provinces of the Union. So far as may be, the
APPENDIX L. 393
total earnings shall be not more than are sufficient to meet
the necessary outlays for working, maintenance, betterment,
depreciation ) and the payment of interest due on capital not
being capital contributed out of railway or harbour revenue,
and not including any sums payable out of the Consolidated
Revenue Fund in accordance with the provisions of sections
one hundred and thirty and one hundred and thirty-one.
The amount of interest due on such capital invested shall be
paid over from the Railway and Harbour Fund into the Con-
solidated Revenue Fund. * The Governor-General-in-Council
shall give effect to the provisions of this section a,* soon as and
at such time as the necessary administrative and financial ar-
rangements can be made, but in any case shall give full effect
to them before the expiration of four years from the establish-
ment of the I'liion. During such period, if the revenues
accruing to the Consolidated Revenue Fund are insufficient to
provide for the general service of the I'nion, and if the earn-
ings accruing to the Railway and Harbour Fund are in excess
of the outlays specified herein, Parliament may by law appro-
priate such excess or any part thereof towards the general ex-
penditure of the Union, and all sums so appropriated shall be
paid over to the Consolidated Revenue Fund.
128. Notwithstanding anything to the contrary in the last Establish-
preceding section, the Board may establish a fund out of rail- g'
\vay and harbour revenue to be used for maintaining, as farinjruni-
as mav be, uniformitv of rates notwithstanding fluctuations in 'ormity of
railway rate*,
traffic.
121). All balances standing to the credit of any fund estab- Management
lished in anv of the Colonies for railwav or harbour purposes of ra*lwa>"
, |. T . ,-. ... ,, •, and harbour
ai the establishment of the I mon shall be under the sole con- balances.
trol and management of the Board, and shall be deemed to
have been appropriated by Parliament for the respective pur-
poses for which they have been provided.
!•'{(). Fvery proposal for the construction of anv port or Construction
harbour works or of any line of railway, before being sub- andraJhvav
initted to Parliament, .shall be considered by the Board, which works,
shall report thereon, and shall advise whether the proposed
works or line of railway should or should not be constructed.
Tf any such works or line shall be constricted contrary to
the advice of the Board, and if the Board is of opinion that
the revenue derived from the operation of such works or line
will be insufficient to meet the costs ot working and main-
tenance, and of interest on the capita! invested therein, it-
shall frame an estimate of the annual loss which, in its
cpinion, will result from such operation. Such estimate shall
be examined by the Controller and Auditor-General, and
\vhcn approved by him the amount thereof shall be paid over
annually from the Consolidated Revenue Fund to the Rail-
way and Harbour Fund: Provided that, if in any year the
actual lo*s incurred, as calculated by the Board and 'certified
by the Controller and Auditor-General, is less than the esti-
mate framed by the Board, the amount paid over in respect of
3!)4 SOITII AFIUCAX NATIONAL Cox VKXTIOX, 1908 — '09.
that year shall be reduced accordingly so as not to exceed the
actual loss incurred. In calculating the loss arising from the
operation of any such work or line, the Board shall have
regard to the value of any contributions of -traffic to other
parts of the system which may be du" to the operation of such
work or line.
Making -.rood .l-'H. If the Board shall be required by the Governor-Gen-
L" eral-in-Council or under anv Act of Parliament or resolution
in Railwaj • i , i IT * -M T -i
and Harbour oi both Houses of Parliament to provide anv services or
Fun<l in facilities either gratuitously or at a rate of c ha rye which is
certain cases. . - . . .&.
msirmciein to meet the costs involved in the provision of such
services or facilities, the Board shall at the end of each finan-
cial year present to Parliament an account approved by the
Controller and Auditor-General, showing1, as nearly as can be
ascertained, the amount of t he loss incurred by reason of the
provision of such services and facilities, and such amount shall
be paid out of the Consolidated Revenue Fund to the Railway
and Harbour Fund.
iroller 1-V2 . The Governor-Geiieral-in-Couucil shall appoint a Con-
troller and Auditor-General, who shall hold office during good
behaviour : Provided that he shall be removed by the Gover-
nor-General-iu-Council on an address praying for such re-
moval presented to the Governor-General by both Houses of
Parliament : Provided further that when Parliament is not in
session the Goveriior-General-iu-Couucii may suspend such
officer on the ground of incompetence or misbehaviour: and,
when and so often as such suspension shall take1 place, a full
statement of the circumstances shall be laid before both
Houses of Parliament within fourteen davs after the com-
mencement of its next session: and. if an address shall at any
time during the session of Parliament be presented to the
Governor-General bv both Houses praying for the restoration
to office of such officer, he shall be restored accordingly: and
if no such address be presented the Governor-General shall
confirm >mdi suspension, and shall declare the office of Con-
troller and Auditor-General to be, and it shall thereupon be-
come, vacant. Intil Parliament shall otherwise provide, the
Controller and Auditor-Genera] shall exercise such powers and
functions and undertake sueh duties as mav be assigned to
him bv the Governor-General-in-Council by regulations
framed in that behalf.
\'-\'-'>. In order to compensate Pietermaritxburg and Blnem-
fontein for anv loss sustained bv them in the form of diminu-
tion of prosperity or decreased rateable value by reason of
their ceasing to be the scats of government of their respective
all be paid from the Consolidated Revenue
not exceeding twenty-five years to the muni-
siidi towns a o-raiil of two per centum per
unicipal debts, as ex ist ing on the thirty-first
neteeii hundred and nine, and as ascertained
and Auditor-General. The Commission ap-
pointed under section nin hundred and <•/ (jlitccn shall, after
APPENDIX L.
due inquiry, report to the Governor-General-in-Council what
compensation should he paid to the municipal councils • of
Capetown and Pretoria for the losses, if any, similarly sus-
tained hy them. Such compensation shall he paid out of the
Consolidated Revenue Fund for a period not exceeding
twent v-tive years, and shall not exceed one per centum per
annum on the respective municipal debts of such towns as
existing on the thirty-first .January, nineteen hundred and
nine, and as ascertained hy the Controller and Auditor-Gen-
eral. For the purposes of this section Capetown shall he
deemed to include the municipalities of Capetown, Green
Point and Sea Point, \Voodstock, Mowbray, and Kondehosch,
Claremont, and Wynberg, and any grant made to Capetown
shall he payable to the councils of such municipalities in pro-
portion to their respective debts. One half of anv such grants
shall be applied to the redemption of the municipal debts of
such towns respectively. At any time after the tenth annual
grant has been paid to any of such towns the Governor-Gen-
eral-in-Counc.il, with the approval of Parliament, may after
due inquiry withdraw or reduce the grant to such town.
'VI II. General.
l-'i-t. The election of senators and of members of the execu- Method of
tive committees of the provincial councils as provided in this voting for
i 1111 i i 11 i • senator^, etc.
Act shall, whenever such election is contested, be according to
the principle of proportional representation, each voter having
one transferable vote. The Governor-General-in-Council, or,
in the case of the first elect ion of the Senate, the Governor-in-
Council of each of the Colonies shall frame regulations pre-
scribing the mehod of voting and of transferring and count-
ing votes and the duties of returning officers in connection
therewith, and such regulations or any amendments 1 hereof
after being dulv promulgated shall have full force and effect
unless and until Parliament -dial I otherwise provide.
1 •'}•"). Subject to the provisions of lhi> Act. all laws in force c,,ntinuiitioti
in the several Colonies at the establishment of the I nion >hall
continue in force in the respective provinces until repealed or
amended by Parliament, or by the provincial councils in mat-
ters in respect of which the power to make ordinances i- re-
served or delegated 1o them. All legal commissions in the
several Colonies at the establishment of the 1 nion shall con-
tinue as if (he I nion had not been established.
.l-'Ui. There shall be free trade throughout the
until Parliament otherwise provides the duties of
of ex<-ise leviable under the law,- existing in
Colonies at the establishment of the I'nion
force.
\'-\~l . Both the Knglish and Dutch language^ slial
languages of the
equality, and po
privileges; all record-, journal
SOUTH AFRICAN NATIONAL CONVENTION, 1908 — '09.
Naturaliza-
tion.
Administra-
tion of justice,
ment shall be kept in both languages, and all Bills, Acts, and
notices of general public importance or interest issued by the
Government of the Union shall be in both languages.
UkS. All persons who have been naturalized in any of the
Colonies shall be deemed to be naturalized throughout the/
Union.
1-59. The administration of justice throughout the Union
shall be under the control of a Minister of State, in whom
shall be vested all powers, authorities, and functions which
shall at the establishment of the Union be vested in the At-
torneys-General of the Colonies, save and except all powers,
authorities, and functions relating to the prosecution of
crimes and offences, which shall in each province be vested
in an officer to be appointed by the Governor-General-in-Coun-
cil, and styled the Attorney-General of the province, who shall
also discharge such other duties as may be assigned to him
by the Governor-General-in-Council : Provided that in the
province of the Cape of Good Hope the Solicitor-General for
the Eastern Districts and the Crown Prosecutor for Griqua-
land West shall respectively continue to exercise the powers
and duties by law vested in them at the time of the estab-
lishment of the Union.
140. Subject to the provisions of the next succeeding sec-
tion, all officers of the public service of the Colonies shall at
the establishment of the Union become officers of the Union.
141. (1) As soon as possible after the establishment of the-
Union, the Governor-General-in-Council shall appoint a public
service commission to make recommendations for such re-
organisation and readjustment of the departments of the pub-
lic service as may be necessary. The commission shall also
make recommendations in regard to the assignment of officers
to the several provinces.
(2) The Governor-General-in-Council may after such com-
mission has reported assign from time to time to each pro-
vince such officers as may be necessary for the proper discharge
of the services reserved or delegated to it, and such officers on
being so assigned shall become officers of the province. Pend-
ing the assignment of such officers, the Governor-General-in-
Council may place at the disposal of the provinces the services
of such officers of the Union as may be necessary.
(•'{) The provisions of this section shall not apply to any
service or department under the control of the Railway and
Harbour Board, or lo anv person holding office under the
Board.
Public service 142. After the establishment of the Union the Governor-
roiniiMs-Mon. General-in-Council shall appoint a permanent public service
commission with such powers and duties relating to the ap-
pointment, discipline, retirement, and superannuation of
public officers as Parliament shall determine.
II-'!. Any officer of the public service of any of the Colonies
;it the establishment of the Union who is not retained in the
>f the Union or assigned to that of a province shall
Existing
officers.
Commission
for reorgan-
ization of
public
departments.
APPKXDIX L. 397
bo entitled to receive such pension, gratuity, or other compen-
sation as he would have received in like circumstances if the
Union had not been established.
144. Any officer of the public service of any of the Colonies Tenure of
at the establishment of the Union who is retained in the ser- °%«j£
vice of the Union or assigned to that of a province shall retain officers,
all his existing and accruing rights, and shall be entitled to
retire from the service at the time at which he would have
been entitled' "by law to retire, and on the pension or retiring
allowance to which he would have been entitled by law in like,
circumstances if the Union had not been established.
14-K The services of officers in the public service of any of ^'^rHnot to
the Colonies at the establishment of the Union shall not be he
dispensed with by reason of their want of knowledge of either ^j^j
the English or Dutch language. or Dutch.
I4(i. Any permanent officer of the Legislature of any of the Compensa-
Colonies who is not retained in the service of the Union, or *ion *° <j?i8t
. . i j i • • inp Parlia-
assignod to that of any province, and tor whom no provision mentary
shall have been made bv such Legislature, shall be entitled to officerswho
! • MI- are not
such pension, gratuity, or compensation a«s Parliament may retained.
determine.
147. The control and administration of native affairs and of Admmistra-
•n i-iv -11 i* i ' 4 * i i tion of native
matters specially or differentially affecting Asiatics through- affajrH .etc.
out the Union shall vest in the Governor-General-in-Council,
who shall exercise all special powers in regard to native ad-
ministration hitherto vested in the Governors of the Colonies
or exercised by them as supremo chiefs, and any lands vested
in the Governor or Governor and Executive Council of any
Colony for the purpose of reserves for native locations shall
vest in the Governor-General-in-Council, who shall exercise
all special powers in relation to such reserves as mav hitherto
have l)een exereisable by any such Governor or Governor and
Executive Council, and no lands set aside for the occupation
of natives which cannot at the establishment of the Union be
alienated except by an Act of the Colonial Legislature shall
be alienated or in any way diverted from the purposes for
which they are sot apart except under the authority of an Act
of Parliament.
148. (1) All rights and obligations under anv conventions Devolution
or agreements which are binding on anv of the Colonies shall °-ni! lllon ot
11 i i T " * ii'i n^fnis anci
devolve upon tin' I nion at its establishment. obligations
{'2) The provisions of the railwav agreement between thounil''r ,
, , , rn i i ' / < i conventions.
(.Tovernments ot the Lransvaal, the ( ape ot (rood Hope, and
Natal, dated the second of February, nineteen hundred and
nine, shall, as far a> practicable, be given effect to bv the
Government of the Union.
IX. .\ /'//• I' ru r/ti (•('.•< a /td 'I c rr il or u > .
14!). Parliament may alter the boundaries of anv province, yter tj()10f
divide a province into two or more province-, or form a new boundaries
province out of province- within the Union, on the petition ut 'provinces.
;>').•> Sot TM A Fin CAN NATION AI, COXVKXTION, 1908 — '09.
of I he provincial council of every province whose boundaries
are affected therein".
Power t.o !•")(). The King, \vith the advice of the Privy Council, may
admit into )M) ;ui(]r(>SS(.s from the Houses of Parliament of the Union
I moil term- . . .... . . , . . i i ji i> •
tories admit into the I niou the territories administered by the Jm-
lulministered ( js|, South Africa Company on such terms and conditions as
by Hntish . i 1 1 ' • • i i
South Africa )(l representation and otherwise in each case as are expressed
''oiiipiiny. in the addresses and approved l>y the King1, and the j>rovisions
of any ( )rder-in-( 'ouncil in that behalf shall have effect as if
thev had been enacted by the Parliament of the United King-
dom of Great Britain and Ireland.
1'mver to 1")1. The King1, with the advice of the Privy Council, may,
r';U-'t '^|u on addresses from the llnu-.es of Parliament of the Union,
enuiu'ul of transfer to the Union the government of any territories, other
native than 1 he territories administered bv the British South Africa
territories. ,, , , 3 it, i- £ TT-
Company, belonging to or under the protection of His
Majesty, and inhabited wholly or in part by natives, and
upon such transfer the Governor-General-in-Comicil may un-
dertake the government of such territory upon the terms and
conditions embodied in the Schedule to this Act.
X. Amendment of Act.
Amendment 102. Parliament may bv law repeal or alter any of the pro-
visions of this Act: Provided that no provision thereof, for
the operation of which a definite period of time is prescribed,
shall during such period be repealed or altered : And provided
further that no repeal or alteration of the provisions contained
in tins section, or in sections thi-rty-th-Tce and thirty- four
i until the number of members of the House of Assembly has
reached the limit therein prescribed, or until a period of ten
vears lias elapsed after the establishment of the Union, which-
ever is the longer period), or in sections thirty-five and one
hundred ami thirty-seven, shall be valid unless the Bill em-
bodying such repeal or alteration shall be passed by both
Houses of Parliament sitting together, and at the third read-
ing be agreed to by not less than two-thirds of the total num-
ber of members of both Houses. A Bill so passed at such
joint -il (ing shall be taken to have been duly passed bv both
Mouses of Parliament.
SCHEDULE.
!. After the transfer of the government of any territory be-
longing to or under the protection of His Majesty, the Gover-
iior-General-in-Couneil shall be the legislative authority, and
!iiav bv proclamation mala' laws for the pence, order, and good
government of such territory: Provided that all such laws
-hall be laid before both Houses of Parliament within seven
davs after the issue of the proclamation or, if Parliament be
noi ilicn -iii ing, within seven davs alter the beginning of the
unless and until both
lutions passed in the same
Al'l'KNDlX L. 399
session request the Governor-General-in-Council to repeal the
same, in which case they shall be repealed by proclamation.
2. The Prime Minister shall be charged with the adminis-
tration of any territory thus transferred, and he shall be ad-
vised in the general conduct of such administration by a com-
mission consisting of not fewer than three members with a
secretary, to be appointed by the Governor-General-in-Coun-
cil, who shall lake '.he instructions of the Prime .Minister in
conducting all correspondence relating to the territories, and
shall also under the like control have custody of all official
papers relating to the territories.
•'{. The members of the commission shall be appointed by
the Governor-General-in-Council, and shall be entitled to hold
office for a period of ten vears, but such period may be ex-
tended to successive further terms of five years. They shall
each be entitled to a fixed annual salary, which shall not lie-
reduced during the continuance4 of their term of office, and
thev shall not be removed from office except upon addresses
from both Houses of Parliament passed in the same session
pravmg for such removal. They shall not be qualified to be-
come, or to be, members of either House of Parliament. < >ne
of the members of the commission shall be appointed by the
Governor-Genera 1-in-Couneil as vice-chairman thereof. In
case of the absence, illness, or other incapacity of any mem-
ber of the commission, the Governor-General-in-Council may
appoint some other fit and proper person to act during such
absence, illness, or other incapacity.
4. It shall be the duty of the members of the commission
to advise the Prime Minister upon all matters relating to the
general conduct of the administration of, or the legislation
for. the said territories. The Prime Minister, or another
Minister of Sta'c nominated by the Prime Minister to be his
deputy for a fixed period, or, failing sii'-h nomination, the
vice-chairman shall preside at all meetings of ihe commission,
and in case of an equality of votes shall have a casting vote.
Two members of the commission shall form a quorum. In
case the commission shall consist of four or more members,
three of them shall form a quorum.
• ». Anv member of the commission \vho dissoni.s from the
decision of a ma]oritv shall be entitled to have t IK reasons for
his dissent recorded in the minute-, o
(i. The members of the commission
official papers concerning the territories.
berate on anv mailer relating- inereto an
i hereon to the Prime M in t >ter.
7. Hetore coming to a decision on any matter relating either
to the admin 1st rat ion . other than routine, nt ihe territories
or to legislation therefor, the Prime Minister shall cause the
papers relating to ^\i>-\\ matter lo lie deposited with the secre-
tary to the commission, and shall convene a meeting of 1
ion for tile purpose ot obiaining its ujiinion on su
400 Soi-rn AFRICAN NATIONAL CONVENTION, 1908 — '09.
8. Where it appears to the Prime Minister that the de-
spatch of any communication or the making of any order is
urgently required, the communication may be sent or order
made, although it lias not been submitted to a meeting of the
commission or deposited for the perusal of the members there-
of. In any such case the Prime Minister shall record the
reasons for sending the communication or making the order,
and give notice thereof to every member.
9. If the Prime Minister does not accept a recommendation
of the commission, or proposes to take some action contrary to
their advice, he shall state his views to the commission, who
shall be at liberty to place on record me reasons in siu>nort of
their recommendation or advice. This record shall be laid by
the Prime Minister before the Governor-Generai-m-Council,
whose decision in the matter shall be final.
10. AVhen the recommendations of the commission have not
been accepted bv the Governor-General-in-Council, or action
not 111 accordance with their advice has been taken by the
Governor-General-in-Council, the Prime Minister, if thereto
requested by the commission, shall lay the record of their dis-
sent from the decision or action taken and of the reasons there-
for before both Houses of Parliament, unless in any case the
Governor-General-in-Council shall transmit to the commission
a minute recording his opinion that the publication of such
record and reasons would be gravely detrimental to the public
interest.
1.1. The Governor-General-in-Council shall appoint a resi-
dent commissioner for each territory, who shall, in addition
to such other duties as shall be imposed on him, prepare the
annual estimates of revenue and expenditure for such terri-
tory, and forward the same to the secretary to the commission
for the consideration of the commission and of the Prime
Minister. A proclamation shall be issued by the Governor-
General-in-Council, giving to the provisions for revenue and
expenditure made in the estimates as finally approved by the
Governor-General-in-Council the force of law.
.12. There shall be paid into the Treasury of the Union all
•duties of customs levied on dutiable articles imported into and
consumed in the territories, and there shall be paid out of the
Treasury annually towards the cost of administration of each
"territory a sum in respect of such duties which shall bear to
the total customs revenue of the Union in respect of each fin-
ancial year the same proportion as the average amount of the
ru^toniN revenue of such territory tor the three completed
financial years last preceding the taking effect of this Act bore
to the average amount of the whole customs revenue for all
the Colonies and territories included in the Cnion received
(hiring i he vaine period.
1:>. It' the revenue of any territory for any financial vear
>hall lie insufficient to meet the expenditure thereof, anv
amount required to make good the deficiency may. with the
approval <>) ihe (lovernor-Ueneral-m-Couneil, and on >uch
APPENDIX L.
terms and conditions and in such manner as with the like ap-
proval may be directed or prescribed, be advanced from the
funds of any other territory. Jn default of any such arrange-
ment, the amount required to make good any such deficiency
shall be advanced by the Government of the Union. In case
there shall be a surplus for any territory, such surplus shall in
the first instance be devoted to' the repayment of any sums pre-
viously advanced by any other territory, or by the Union
Government to make good any deficiency in the revenue of
such territory.
14. It shall not be lawful to alienate any land in Basuto-
land or any land forming part of the native reserves in the
Bechuanaland Protectorate and Swaziland from the native
tribes inhabiting those territories.
If). The sale of intoxicating liquor to natives shall be pro-
hibited in the territories, and no provision giving facilities
for introducing, obtaining, or possessing such liquor in any
part of the territories less stringent than those existing at the
time of transfer shall be allowed.
16. The custom, where it exists, of holding pitsos or other
recognised forms of native assemblv shall be maintained in the
.
territories.
IT. Xo differential duties or imposts on the produce of the
territories shall be levied. The Jaws of the Union relating to
customs and excise shall be made to apply to the territories.
18. There shall be free intercourse for the inhabitants of
the territories with the rest of South Africa subject to the
laws, including the pass laws, of the Union.
19. Subject to the provision* of this Schedule, all revenues
derived from any territory shall be expended for and on be-
half of such territory: Provided that the Governor-General-
in Council may make special provision for the appropriation
of a portion of such revenue as a contribution towards the
cost of defence and other service,- performed by the Union for
the benefit of the whole of South Africa, so, however, that
that contribution shall not bear a higher proportion to the
total cost of such services than that which the amount pay-
able under paragraph 12 of this Schedule from the Treasury
of the Union towards the cost of administration of the terri-
tory bears to the total customs revenue of the Union on the
average of the three veai> immediately preceding the year for
which the contribution is made.
20. The King may disallow any law made by the Govemor-
General-iii-Council by proclamation for any territory within
one year from the date of the proclamation, and such disallow-
ance on being made known by the Governor-General by pro-
clamation shall annul the law from the (lav when the dis-
allowance is so made known.
21. The members of the commiv-iun shall be entitled to
such pensions or superannuation allowances as the Governor-
General-in-Council shall bv proclamation provide, and the
salaries and pension-, of >;ich members and all other expenses
402 So i -TII AFRICAN NATIONAL CONVKXTIOX, 1908 — '09.
of iho commission shall be borne by the territories in the pro-
portion of their respective revenues.
22. The rights as existing at the date of transfer of officers
of the public service employed in any territory shall remain
in force.
23. Where any appeal may by law be made to the King-in-
Council from any court of the territories, such appeal shall,
subject to the provisions of this Act, be made to the Appellate
Division of the Supreme Court of South Africa.
24. The Commission shall prepare an annual report on the
territories, which shall, when approved by the Governor-
General-in-Council, be laid before both Houses of Parliament.
25. All Bills to amend or alter the provisions of this
Schedule shall be reserved for the signification of His
Majesty's pleasure.
INDEX.
INDEX
MINUTES OF PEOCEEDINGS.
ABBREVIATIONS.
(c) referred to a Committee. (n) negatived.
(d) dropped. (w) withdrawn.
[NOTE :- Matter i relating to tht Constitution art indexed under their respective subject head*
until incorporation In the Draft Act. Subtequent amendments appear under "South
Africa Act."]
Adjournments of Convention.
Motions on: Until 10th November, 1908, Mr. Fischer, 46; until 23rd
November, 1908, at Cape Town, Gen. Botha' 66 ; until llth January,
1909, Mr. Smythe, 128, 134, 138 (d) ; Amendments: Co'. Greene,
138 ; Gen. de Wet, 138 (d).
Administrator.
Orange River Colony, «ec '' Orange River Colony."
Southern Rhodesia, see " Milton, Sir William."
Administrators, Provincial.
See " Provincial Administrators."
Advisers, Legal.
| Votes of thanks to, '249, 274.
Africander Bond.
Messages of congratulation irom Steynsburg, Klipspmit (Aliwal North),
and Molteno branches, 8, 34, 77.
African Political Organization.
Petitions from, on equal political rights, 42, 43, 48 ; Referred to Fran-
chise Committee, Col. Stanford, 43. 49.
Resolutions on protection of rights of coloured and native races, Letter
forwarding, 257.
Afrikaansche Christelijke Vrouwen Vereeniging.
Petition from Head Committee onjequalitv for English and Dutch
languages, 21.
Amendments.
,sYr •• Rules and Orders."
Appellate Division.
Sec " Supreme Court."
40(i Sorni AI-'KKA.N XATIOXALC'OXVKXTIOX, 1!M)S — '09.
Assembly, House of.
Hills, Money, to originate in, and powers of Senate regarding. Motion on,
(Jen. Smuts, 49-51 ; Amendments: Mr. Jagger, 50 (if) ; The
/'resident, 50-51 ; Mr. Walton, 50-51 (d) • Mr. Merriman, 50-51 (n) ;
Mr. Jagger. 51 (n) ; (len. Smuts, 51.
Hills. Revenue and Taxation, to originate in, Motion on, Mr. Merriman, 51.
Constitution of. Committee on, Motion for, Mr. Sauer, 43 ; Amendment,
Mr. Fischer, 43 (n) ; Motions and amendments
referred, 43 ; Draft resolution of Committee
brought up, 44 ; Considered, 4"-47 ; Report,
57-58 ; Considered, 00-08.
Ditto Motions on, Gen. Smuts. 41-43; Amendments: Mr.
Merriman, 41-43 ; Mr. Fischer, 41-43 ; Motions and
amendments referred to Committee on Constitution
of Assembly, Mr. Sauer, 43 ; Draft resolutions of
Committee considered, 44-47.
Ditto See also " Assembly — Members."
Dissolution of. Motion on, Mr. Malan, 54-50. 00-01 ; Amendments :
Mr. Walton, 54-55 (n) ; Mr. Merriman, 54-55 (n) ; Mr. Jagger,
54-55 (w) ; Mr. Hi/slop, 55 (w). 55, 01 (•»•) ; Dr. Beck, 55-50 (n) ;
(!cn. Hertzog, 55, 01 (w) ; Dr. Smartt, 01.
. Electoral divisions, see " Electoral divisions."
Existence of each. Motion on period. Gen. Smuts. 48.
Govermr -General's recommendation on appropriations, or for taxation.
Motion on, Mr. Merriman, 51 ; Amendments: Dr. Smartt, 51 (n) ;
Col. Greene, 51 (n).
Members. Disqualifications for, Motion on. Mr. Jagger, 73-74 (if) ;
Amendments: Mr. Browne, 74 (w) ; Mr. Hull, 74-77;
Mr. Fischer, 75 ; Dr. Beck. 75 (n) ; Mr. Walton, 75-70 ;
Col. Greene, 7o ; Gen. Smuts, 70 : Mr. Merriman, 70 (n) ;
Amendments on office of profit and creation of vacancies
referred to Committee on qualifications of Members, Col.
Greene, 70 ; Draft tesolutions of Committee considered,
94-90 ; Amendments : Mr. Jagger, 94 (n) ; Dr. Smartt.
94 (n) ; Mr. Hull. 1)4 (d) ; Mr.' Jagger, 94-95 (ic) ; Col.
Greene 95 (w).
Ditto Election of. Continuation of existing laws. Draft resolution of
Committee considered, 59.
Ditto Election of, Regulations for. Draft resolution of Committee
considered, 08.
Ditto Election of, to be on principle of proportional representation,
Draft resolution of Committee considered, 08.
Ditto Number, how to be chosen, provincial representation, and re-
adjustment after census. Draft resolutions of Committee
considered, 45-47 ; Amendments : Mr. Malan, 45 (n),
45-4(i; Gen. Smuts. 40-47 (if); Mr. Jagger. 47 (n) ;
Dr. Beck. 47 (if); Dr. Smartt, 47 (if}; Sir Percy Fitz-
patrick. 54.
Ditto Number in eacli electoral division. Draft resolution of Com-
mittee considered, 07-08 ; Amendments : Mr. Browne,
07 (n) ; Mr. Jagger. 07-08 (if).
Ditto Oatli or affirmation of allegiance. Form of. Motion on. Mr.
Jagger, 133.
Ditto Office of Profit, Definition of. see " Disqualifications."
Ditto Payment and deductions for absence. Draft resolution of
Committee considered. 90-1*8 ; Amendments : Mr. Hull.
90-97 : Mr. Walton. 90 (d) ; Mr. Jagger. 90 (d.) ; Mr.
Malan. 90-97 : Dr. Beck. 90-97 (n) ; Mr. Fischer. 90 (d) ;
Mr. Jagger. 97.
Ditto Pecuniary interest. Motion for Committee on. Mr. Lindsai/.
95 (w).
Ditto Privileges and Immunities. Draft resolution of Committee
considered, 98.
.Ditto Qualifications, etc.. for. Motion for Committee on. Col. Greene.
75 (if), 70 ; Amendments on office of profit and creation
of vacancies referred. Col. Gr«i><. 70; Report. 81-8'-':
Considered. 94-9S.
INDEX. 407
Assembly, House ol-(rontinurd).
Members, Qualifications for, Motions on, Gen. Smuts, 49, GO, 09, 70 ;
Amendments : Gen. Hertzog, 49, 00, 09 ; Mr. Lindaay, 09.
Ditto Qualifications for, see, also " Franchise."
Ditto Sitting when disqualified, Penalty, Draft resolution of Coni-
mitteo considered, 95; Amendments: Mr. Malan, 95;
Mr. Hull, 95.
Ditto To ho persons of European descent, Motion on, fJol. (! /vr;« ,
'24 :'.~ (<•) : Draft resolution of Committee considered,
59, 00, HPC dlno " Moiuhers Qualifications,"
Ditto Vacation of seats by, nee " Members Disqualifications."
Privileges and immunities of. Draft resolution of Committee considered, 98.
Rules for. Draft resolution of Committee considered, 98 ; Amendment,
Mr. Walton, 98.
Rules to apply at joint sitting with Senate, Motion on, Mr. Walton. 9S.
Senate, Rejection of laws by, and unaccepted amendments. Provision
for joint sitting, Motion on. den. Smuts, 52-54 ; Amend-
ments: Mr. Merriman, 52-53 (>r), 53-54 ; Mr. -faggrr, 5!}.
Ditto Rules to apply at joint sitting with, Motion on, Mr. Walton. 98.
Assets, Liabilities, etc.
Vesting of. in Union, .Motion on. Mr. Mcrrhnnn, 21-23; Consideration
postponed. Mr. Hull, 23 ; Referred to Finance Committee, Mr.
Malan, 114; Draft resolutions of Committee considered, 105; Amend-
ments : (Icn. Fmuts, 105 (w) • Mr. Merriman. 105 (n) ; Mr. Fischer,
108; Proviso by Mr. Fisch-T, referred to Finance Committee, Mr.
Hull. 10S ; Amended draft resolution of Committee considered,
187-188; Amendment, Mr. Hull, 187-188 (n).
Attorneys-General.
Fee " Provincial Attorneys-General."
Auditor-General, Controller and
Appointment and salary of, Draft resolution of Committee considered,
108. 109; Amendments: Mr. Merriman, 108-109 (;/•). 109; <'ol.
Stanford. 109 (>r) • Mr. Fischer, 109.
Auditors, Provincial.
>Vf " Provincial Auditors."
B.
Bannatine, Allason, His Excellency R.
Set' " Orange River Colony. Administrator.''
Baptist Union, Alice.
Message of congratulation from, 13.
Barratt, Rev. E. 0.
Letter from, on position and privileges of coloured and native races. '_'H;?.
Beck, Dr. J. H. M., M.L.A.
Delegate for the Cape of (iood Hope. 4.
Motions and amendments by:
Assembly, House of. Readjustment of number of members. 17 (/r).
Business. Temporary suspension of. eaeii morning. 72-73.
Capitals not chosen as I 'n ion Capital, Financial relief to. I 9ii- i '.is i</).
Franchise to other than white citi/.ens. 20. 27 (r).
Members. Disqualifications of. 75 (n).
Ditto Payment of. 90. 97 (»).
Ministers of State. Qualifications of. 15,
Parliament, Dissolution of, 55-50 (»).
Railways and Harbours. Administration
Senate. Constitution of. 31-32 ((/).
Senators. Qualiiications of. 39.
South Africa Act, Draft. Amendments to. ,«rc " South Africa Ad.
Bills.
408 Sorrn AFRICAN NATIONAL CONVENTION, 1908 — '09.
Bloemfontein.
Delegates reassemble at, 250.
Mayor of, Invitation from, 259 ; Motion on non-acceptance, Gen.
Smuts, 259.
Resolution of public meeting at, on establishment of Railway workshops
in Orange River Colony, 254.
Bok, Dr. W. E.
Appointed official interpreter, 5 ; Admitted to Chamber, 6 ; Vote of
thanks to, 273.
Borrowing Powers and Expenditure on Capital Account.
Exercise of, Motion on, Gen. Smuts, 273 (w).
Botha, General the Right Hon. Louis, P.C., M.L.A.
Credentials of Transvaal delegates put in by, 4.
Delegate for the Transvaal, 4.
Motions and amendments by :
Cape Government, Vote of thanks to, 249.
Capital, Convention to settle, 124.
Ditto Selection of, Method of voting 199-200, 221 (w).
Ditto to be at Pretoria and Sessions of Parliament at Cape Town
23S-239, 243-245 (w).
Convention, Adjournment of, to Cape Town. 66.
Durban Municipality, Vote of thanks to. 71.
Franchise Committee, Appointment of, 26-27.
King, H.M. the, Congratulations on birthday, 71.
Provincial Capitals, Financial relief to, 170-172 (n).
Provincial Councils, Control of education by, 111 (w), 111.
South Africa Act, Draft, Amendments to, see " South Africa Act."
Ditto ditto Committee on Sections 39 and 40 (Bloem-
fontein), 260.
Voters, Qualifications of, 65.
Petitions presented by, 43.
Brand, Hon. R. H.
Appointed Secretary of Statistics Committee, 25.
Votes of thanks to, 249, 274.
Browne, Hon. A., I.S.O., M.L.C.
Delegate for the Orange River Colony, 5.
Motions and amendments by :
Capital, Committee on, 223 (w).
Capitals not chosen as Union Capital, Financial relief to, 198.
Debts, Public, Return of, 13, 14 (w).
Electoral divisions, Members for, 67 (•/?).
Members, Disqualifications of, 74 (u1).
Provinces, Formation of, 11, 12 (w).
Provincial Revenue Fund, Formation of, 182.
Senators, Number and mode of election or nomination. 34-35 (c).
South Africa Act, Draft, Amendments to, see '' South Africa Act."
\ Statistics Committee, Statements on work of, 25.
Burger, General S. W., M.L.A.
Delegate for the Transvaal, 4.
C.
Cape of Good Hope.
Credentials of delegates put in, 3.
Government, Vote of thanks to, 249.
Governor of. Congratulatory message from. 3 ; Reply. 9 ; Minutes of
Proceedings to be forwarded daily to, 10 ; Letter acknowledging, 86.
Parliament, Resolution and amendments adopted on consideration of
Draft Act laid upon the Table [Appendix G, pages 345-349],
250-251 ; Resolutions and address on final approval of Draft Act
[Appendix I], 355-35".
Petitions from men and women of. in favour of women's franchise. 22,
•_'."). 98.
Precedence in proceedings, 28.
Wine Farmers, Petition from, on relief to their industry, 256.
INDEX. 409
Cape Town.
Archbishop of, and other Clergy, Letter from, on position and privileges
of coloured and native races, 256-257.
Convention adjourned to, (Hi, 71 ; Arrangements made for accommoda-
tion. Statement by President on, 71 ; Delegates assemble at, 72;
Welcome to delegates, Mr. Merriman, 72.
Mayor of. Invitations from, 88. 151 ; Motions, etc., 011 acceptance of in-
vitations, 80, 08. 151 ; Vote of thanks to, 240.
Seat of Legislature to be at, Motion on. Mr. Merriman, 238-239, 243-245
(w;); Amendments: Gen. Botha, 238-230, 243-245 (w) ; Mr. Jogger,
238-230, 243-245 (ir) ; Mr. Hull, 243-244 (w) ; Mr. H>j»lop, 244-245
(n) ; Mr. Saner, 244 (w).
Capital. n
Commission to select, Motion on, The President, 130 ; Objected to,
den. de la Key, 130.
Committee on assignment of functions to existing capitals, Motion for,
Mr. Browne, 223 (»/•).
Committee on procedure for selection of. Motion for, Mr. Fischer, 124,
125-126. 128 ; Amendments : Sir Percy Fitzpatrick, 124 (n) ;
den. Hortzog, 126 (w) ; Report (interim), 138-130; Order for
consideration discharged, (Hen. Smuts, 151; Report, 172-173;
Considered, 108-200, 206-207, 221, 223, 235, 238.
Convention to decide. Motion on, Gen. Botha, 124 ; President's ruling on
rescission of resolution, 108-100.
Pietermaritzburg to be. Motion on, Mr. Hi/slop, 244-245 (n).
Seat of Government to be at Pretoria and of Legislature at Cape Town,
Motion on, Mr. Merriman, 238-230, 243-245 (w) ; Amendments :
Gen. Botha, 238-230. 243-245 (w) ; Mr. J agger, 238-230, 243-245 (w) ;
Mr. Hull, 243-244 (w) ; Mr. Hyslop, 244-245 (n) ; Mr. Saner, 244 (w).
Sites for, Communications on, 18, 57, 126, 163, 168, 207.
Union Parliament to select. Motion on. Mr. Steyn, 108-100 (w) ; Presi-
dent's ruling on rescission of previous resolution, 108-100.
Vnal River, to be situated on. Motion on, Mr. Hull, 243-244 (w) ; Amend
ment, Mr. Saner, 244 (w).
Voters of the Union to decide. Motion on, Mr. J agger, 238-230, 243-245 (w).
Voting for, Procedure to be followed. Motion on, Ge.n. Hertzog, 100-200,
223 (if); Amendment. Gen. Botha, 100-200, 221 (w).
Capitals of Provinces.
Srr. " Provincial Capitals."
Carnarvon.
Mayor and inhabitants of. Message of congratulation from. 0.
Civil Servants.
Rights of preserved on transfer or retirement. Draft resolution of Com-
mittee considered. 132; Amendment, Mr. Fischer, 132 (n).
Rights of those in Territories safeguarded. Draft re-solution of Committee
considered, 150.
Services not to be dispensed with by reason of want of knowledge of
English or Dutch languages, Draft resolution of Committee con-
sidered. 132; Amendment, Dr. Stnartt, 132.
Transfer of to Union, Draft resolution of Committee considered, 120.
\ ote of thanks to various, 240.
Civil Service and Miscellaneous Matters.
Committee on. Motion for. Gen. Smuts. 125 ; First Report, 126-128 ;
Considered, 120-133 ; Draft resolution on amendment of constitution
(with amendments) referred hack, Mr. Lindsay, 133 ; Second
Report. 142; Order for consideration discharged, Gen. Smut*, 151.
Civil Service Commission, Permanent.
Draft resolution of Committee considered. 130-132; Amendments: Mr.
tt'ulton. 130 (»<•). 130 (n) ; Mr. Merriman. 131-132 (d) ; Gen.
Smuts. 131-132 (</) ; Mr. Malan, 131-132; Mr. IAnd*a>j, 132;
Gen. Stunts, 132.
410 Sorrir AFRICAN NATIONAL CONVENTION, 1908 — '09.
Civil Service Commission, Reorganization.
Draft resolution of Committee considered, 129-130; Amendments: Mr.
Hi/slop, 129 (d) ; Mr. Walton, 129.
Coghlan, Hon. C. P. J., M.L.C.
Representative for Southern Rhodesia, 5.
Colonies.
Capitals of, see " Provincial Capitals."
Coastal, Division of traffic between, Report of Finance Committee on,
considered, 23'2.
Formation into Provinces, see " Provinces."
Order of precedence in Convention, Motion on, Mr. Smythe, 28.
Public Debts of, Motion for return, Mr. Browne, 13, 14 (w).
Revenue and Expenditure of, Motion for return, Mr. Hyslop, 14 (w).
Secretary of State for the, Congratulatory message from, 3 ; Reply, 9 ;
Reply to on Finance Clauses of Draft Act, 259 ; Powers of delegates
to London to confer with, Motion on, The President, 272.
Union, Legislative, of, see " Union."
Coloured Races, Franchise to.
See " Franchise."
Commission on Electoral Divisions.
See " Electoral Divisions."
Compensation to Capitals.
See " Provincial Capitals."
Conference Steamship Lines.
Statement by Mr. Hull on position of South African Governments
with, 251.
Congratulation.
Messages of, 2, 3, 8, 9, 10, 13, 30, 34, 57, 73, 77, 83, 134, 144; Replies
to be sent, 13.
Consolidated Revenue Fund.
Formation of, Draft resolution of Committee considered, 163 ; Amend-
ment, Gen. Smuts, 163 (w).
Charges upon, payments into, and appropriations from. Draft resolutions
of Committee considered, 165.
Constitution.
Amendment of, Draft resolution of Committee considered, 133 ; Amend-
ments : Mr. Morcom, 133; Mr. Fischer, 133; Draft resolution
and amendments referred back to Committee, Mr. Lindsay, 133 ;
Further draft resolution. 142 ; Order for consideration discharged. 151.
Sec also " South Africa Act."
Controller and Auditor-General.
See " Auditor-General."
Convention.
Reassembly of. after draft Act discussed by the various Parliaments,
Draft resolution of Committee considered. 236 ; Amendment.
Mr. Fischer, 23ti.
Credentials.
Delegates" credentials put in, 3-5, 150.
Cruiser Squadron.
Message to H.M. the King on presence of 17-
INDKX. 411
Daniel, C.
Letter from, on advancement of Natives, itl.
Debate.
Procedure in, we. " Rules and Orders."
Debts, Public, of Colonies.
Return of. Motion for, Mr. Itroicnc 1.", 1 I (;/•).
Vesting of, in Union, Motion on, Mr. Mcrriintm. '21 23; Consideration
postponed, Mr. Hull, 23 ; Referred to Finance Committee, Mr.
Mnlun, 114; Draft resolution of Committee considered, Kio;
Amendments : (le.n. Smuts, 105 («•) ; Mr. Merritnan, !(>•"> (") ;
Mr. Fiwlu'r, 1(>8; Proviso by Mi'. KNclier referred to Finance
Committee, Mr. Hull, IDS ; Amended draft resolution of Committee
considered, 1S7-1SS; Amendment, Mr. Hull, 187-188 (n).
De la Rey, General J. H . M.L.A.
Delegate for the Transvaal. 4 ; Congratulations to, on birthday, 27.
Capital, Commission on, O'>;i'(tion t<> m .(ion, 1,'J'J.
Delegates to Convention.
>'rc " Members."
Dalitritntion Commission.
Nrc " Electoral areas."
De Villiers, A. M. N.
Appointed Secretary to Convention, !i ; Secretary for Orange Uiver
Colony, 5 ; Vot'es of thanks to, '24!), 273.
De V!liiers, Right Hon. Sir J. H., P.C., K.C.M.G.
Sec " President."
De Wet, General the Hon. C. P.., M.L.A.
Delegate for the Orange River Colony, 5.
Motions and amendments by:
Convention, Adjournment of. 138 (</).
Drafting Committee, Reference to (objection to). 220.
De Wet, Hon. N. J., M.L.C.
Message of congratulation from. It.
De Wet, N. J.
Votes of thanks to, 24!», 274.
Dingaan's Day.
Statement by President on, 133.
Divisions.
Sri' " Rules and Orders."
Drafting Committee.
>'«• •• South Africa Act."
Duncan, P., C.W.G.
Votes of thanks to. 24i), 274.
Durban.
Delegates assemble at. 1 : Public reception at, .">.
Mayor and Municipality of, Vote of thanks to. 71.
Dutch and English Languages.
Sec " Languages."
Dutch Reformed Church.
Messages of congratulation frum Natal. < Jeor^re ami (.'ajie To\\'n circuits
and Paai'l Mission. i>. HI. 57: Imitation to attend Divine Service
at I 'ape Town. 104; Motion for acceptance, Mr. Mafan, In).
412 Soi TII AFKICAN NATIONAL CONVENTION-, 1908 — '09.
E-
Eastern Districts Court.
Letter from Judge-President, with memorandum by Judges on amend-
ments to Draft Act and President's reply, 250.
Eendracht (Oudtshoorn).
Message of congratulation from, 8.
Egerton, Rear-Admiral, G. le C., C.B.
Invitation from, to visit Selborne Dock, 104 ; Motion for acceptance,
Dr. Smartt, 104.
Electoral Divisions.
Commission to define, Draft resolution of Committee considered, 66-67
(d) ; Amendments : Sir George Farrar, 66-67 ; Mr. Jagger, 67 (d) •
Mr. Malan, 67 (d) ; Sir Percy Fitzpatrick, 67.
Principles to be observed in defining, Draft resolution of Committee
considered, 67.
Redistribution of, after Census, Draft resolution of Committee con-
sidered, 68 ; Amendments : Sir George Farrar, 68 ; Mr. Malan, 68.
Electoral Laws.
See " Franchise " and " Laws."
English and Dutch Languages.
See " Languages."
Esselen, E.
Message of congratulation from, 8.
Estcourt, S.
Letter from, offering land for capital at Rosmead Junction. 18.
Evangelical Church Council.
Message of congratulation from Cape Town and District Branch, 144.
Executive Committees.
See " Provincial Councils."
Executive Council.
Establishment of. Motion on, Gen. Smuts, 14, 15.
Expenditure and Revenue.
Returns of. Motion for, Mr. Hyslop, 14 (w).
Expenditure on Capital Account.
Exercise of, Motion on. Gen. Smuts. 273 (w).
F.
Farrar, Sir George, Kt., D.S.O., M.L.A.
Delegate for the Transvaal, 4.
Motions and amendments by :
Borrowing powers of Provinces, 79-80.
Capitals not chosen as Union Capital, Financial relief to. 196-198.
Electoral divisions, Commission on, 66-67.
Ditto Redistribution of, after Census, 68.
English and Dutch to be official languages, 22.
Justice. Committee on Administration of. 70.
Proceedings, Minutes of. Custody of. 248 («•).
Railway and Harbour Board. Formation of, 165-166.
Senate, Constitution of, 31-32 (n) (w).
South Africa Act. Draft. Amendments to, see " South Africa Act."
IN-DEX. 413
Finance.
Committee on, Motion for, Gen. Smut*, 114, 151 ; Motions by Mr. Merri-
in. HI on assets and liabilities and finance referred, Mr. Malan, 114 ;
Relief to capitals of Colonies not chosen as Union Capital referred,
Mr. Hyslop, 125 ; Governor-General's salary referred, The President,
125; Draft resolution on treaty rights referred, Mr. Hyslop, 131 ;
First Report, 139-142; Referred back, Mr. Sauer, 152; Revised
First Report, 155-159; Considered, 1(53-172; Proviso on transfer
of finances of Colonies referred, Mr. Hull, 1(58 ; Draft resolutions on
construction of railways and harbours, gratuitous services and
compensation to capitals referred back, Mr. Jogger, Mr. Hull and
Sir I'ercy Fitzpatrick, 1(57-1(58, 170, 172-174; Second Report.
1815-187; Considered, 187-191, 195-198; Third Report, 232;
Committee re-appointed at Bloemfontein, Mr. Hull, 251 ; Corres-
pondence with British Government on Finance clauses referred,
Mr. Hull, 251 ; New clauses on free trade and bounties referred,
Gen. Smuts, 257-258 ; Ocean Mail Contract referred, Mr. Walton, 258 :
First Report (Bloemfontein), 258-259; Considered, 259 ; Second
Report (Bloemfontein), 2(58 ; Considered, 2(58 ; Third Report
(Bloemfontein), 273 , Considered, 273.
Motions on, Mr. Merriman, 114; Referred to Finance Committee,
Mr. Malan. 114.
Finances and Loan Balances, etc.
To be vested in Union, Draft resolution of Committee considered, 1(55;
Amendment, Mr. Fischer, 108 ; Proviso ! y Mr. Fischer referred
to Finance Committee, Mr. Hull, 108 ; Revised draft resolu-
tion of Committee considered, 187-188; Amendments, Mr, Hull,
187-188 (n).
Financial Relations Commission.
See '" Provinces."
Financial Relief.
To Provincial Capitals, see " Provincial Capitals."
Fischer, Hon. A., M.L.A.
Credentials of Orange River Colony delegates put in by, 5.
Delegate for the Orange River Colony, 5.
Letter from, forwarding resolution of House of Assembly, Orange River
Colony, on definition of " sparsely populated areas," etc., 250.
Motions and amendments by :
Assembly, House of. Constitution of, 41-43 (c).
Ditto ditto Committee on, 43 (n).
Auditor-General, Appointment of, 1(59.
Capital, Selection of. Committee on procedure, 124, 125-120.
Civil Servants, Preservation of rights on transfer, 132 (/<)•
Ditto Vote of thanks to various. 249.
Constitution. Amendment of, 133 (c).
Convention, Adjournment of, 40.
Ditto Re-assembly of. at Bloemfontein, 230.
Franchise Committee, Instruction to. 27 (n).
Funds of Colonies, Balances of, 108 (c).
Judges, Appointment, remuneration, vacancies, etc.. 121. 123.
Ditto of Appeal, Appointment of Acting. 121.
Laws, General. Continuance of. 49.
Members. Disqualifications of, 75.
Ditto Payment of, 9(5 (d).
Native Affairs. Committee on. 125.
Parliament, Houses of, Names of. 18-19 (n).
President's Opening Address, Incorporation in Minutes. S.
Provinces, Formation of, 10, 11, 12 (if).
Provincial Councils, Education, Control of. by. Ill (('•)•
Ditto Executive Committees. 107 («').
Ditto Native Councils. Control of. by. 111. 112.
Railway and Harbour balances, 107 (ic).
Records, Disposition and custody of. 273.
414 Sorni AKKICAN NATIONAL CONVENTION, 1908 — '09.
Fischer, Hon. A., M.L.A. — (continued.)
Resolutions, Amendment of, 152-153 (d).
Secretariat, Vote of thanks to, 249.
Senate, Constitution of, '20-33 (d), 33.
Ditto Voting in and President's Vote, 41 (w).
Senators, Number and mode of election, etc., 34-35 (<•),
Ditto Qualifications of, 38 («•).
Sittings, Hours of, 72 (n).
South Africa Act, Draft, Amendments to, see " South Africa Act.''£
Ditto and Second Report, Publication of, '212.
Supreme Court, Provincial Divisions, 121.
Territories, Duties, customs and excise, 149.
Ditto Revenue and expenditure,' 148.
Ditto Transfer of, 145.
Petition presented by, 48.
Fitzpatrick, Sir Percy, Kt., M.L.A.
Delegate for the Transvaal* 4.
Motions and amendments by :
Capital, Selection of. Committee on procedure. 124 (n).
Electoral divisions, Commission on, (57.
Finance Committee, Reference to, 172-174.
Franchise Committee, Appointment of, 26-27 (</).
Laws, Electoral, Continuance of, (59 (w).
Proceedings. Minutes of, Distribution, 8.
Provincial Councils, Native Councils, Control of by. 112.
Ditto Representation, Readjustment of, 54.
Senators. Number 'and mode of election, etc.. 33-3.3 (c).
South Africa Act, Draft, Amendments to, sec " South Africa Act."
Do. Fiiiiil approval of, 236 (n).
Statistics. Committee on, 14.
Territories, Transfer of, 144-145 (»•).
Franchise.
Committee on. Motions for. Sir I'ocii Fitzpatrick, 26-27 (d) ; Gen.
Botha, 26-27 ; Instruction to draft resolution on native policy.
Mr. Fischer, 27 (») ; Petitions referred, Co!. Sfinford. 44, 49 ; First
Report, 5(5-57 ; Considered, 59 ; Draft resolutions referred back
to Committee, (ten. Smuts. 62 ; Second Report. 64 ; Considered,
64-66.
(Granting of, to all subjects, irrespective of race or colour. Motion on,
Col. Stanford, 23-26 ; Amendments : Mr. Mcrriman, 23-24 («•) :
Mr. Jaeger, 24 (M;) ; Col. Greene, 24-27 ; Sir Percy Fitzpatrick
26-27 (d) ; Mr. Fischer. 27 (n) ; Motion and amendments referred
to Franchise Committee to draft resolution, Gen. Botha. 26-27 :
see " Franchise laws and qualifications."
Laws and Qualifications, Continuation of existing. Draft resolution of
Committee considered, 59 : Amendments : Mr. Sinter. 59 ; Mr.
Hull, 59 ; Draft resolution and amendments referred back to
Franchise Committee, Gen. Smuts. 62; Draft resolution withdrawn,
64 ; Amended draft resolutions of Committee considered. 64-66 ;
Amendments: Mr. Malan. 64-65 («•), (55 ((/•): Mr. Situ/the, 65 (?;);
Gen. BotJia, 65.
Native and Coloured races, Letters on subject of. 9. 73. 250; Petitions
on subject of, 23, 42. 43, 48 : Petitions referred to Franchise Com-
mittee. Col. Stanford. 44, 49; Further petitions presented. 73, 151,
250, 257. 262; Resolutions foruar'ed on subject of. 23. 257.
Women's, Motion on granting of. Mr. Moor. 133-134. 142-143. 151 (w) ;
Amendments: Gen. Smut*. 143. 151-152 (»•); Col. Stan-
ford. 143. 151-152 ((/-): Motion to refer to Drafting Com-
mittee, Mr. Malan. 220; Objected to. Gen. dc Wet, 220.
Ditto Petitions presented in favour of, 22. 25. 98 : in opposition to.
13. 24.
Funds, Balances of.
INDEX. 41.>
G.
Government, Executive.
Iu whom vested. Motion on, Gen. Smutx, 14, 15; Amendments: Mr.
Sauer, 15 (w) ; Mr. Walton, 15.
Governor-General.
Assent to and amendment of Bills, Motion on, The President, 143-144;
Letter from High Commissioner on and Pre-i('ent's reply, 250.
Powers of Governors of Colonies vested in. Motion on, Ue.n. Smutti, 14,
17: Amendments: Mr. tfaner, 17; Mr. Hyxloji, 17.
Recommendations of, on appropriations of revenue and taxation. Motion
on. Mr. Mirritnan. 51 ; Amendments: l)r. Sinartt, 51 (») ; Col.
(Greene. 51 (/<).
Royal Instructions, Motion on powers of delegates to London regarding,
The President, 272.
.Salary and allowances of. referred to Finance Committee. The President,
125; Draft resolution of Committee considered. Hi".
Title of. Motion on, (leu. tftnutH, 14-15; Amendment, Mr. Suurr, 15 (n).
Governors of Colonies.
>'<•«' " Cape of Good Hope ". " Natal ", " Transvaal ". and " Orange
River C'olony."
Green, Colonel the Hon. E. M., K.C., C.M.G., M.L.A.
Delegate for Natal, 4.
Motions and amendments by :
Capitals not chosen as Union C'apital. Financial relief to. 17- 171 (r).
Capital of Union not to be Provincial Capital, 245 (n).
Convention. Adjournment of, 138.
Governor-General's recommendation on appropriations, etc., 51 (n).
Members. Disqualifications of, 75 (;/•), 7<>.
Ditto Pecuniary interest. 95 (ir).
Ditto Qualifications of. Committee on. 70.
Ditto to be of European descent. '24-27 (c).
Parliament. Pensions, etc.. to retired officers, 132.
Proceedings. Distribution of Minutes of, 7-S (w).
Provinces. Formation of, 1 1-12 («•).
Provincial Councils. Fencing of roads to be under, Sli (;<).
Railway Agreement, Inter-Colonial, 2fi!t.
Resolutions. Custody of. 71.
Ditto Removal of, 2!) ((/•).
Senate. Constitution of. 31-33 (?/•)•
Senators. Qualifications of. 3S-31I.
Smith Africa Act. Draft, Amendments to. wr " South Africa Act.''
Ditto ditto Publication of. 235. 24S.
Ditto ditto Sessions of Parliament to consider. 23(1.
Territories. Commission for administration of. 14(i '//).
Ditto Transfer of. 144 145 (n).
Griqualand West Farmers' Association.
Messages of congratulation from Belmont and Modeler River branches.
!». 10.
H.
Harbours.
>V( " Railways.''
Harrismith.
Invitation to Convention to meet at. 4<i.
Hely-Hutchinson. H. E., Sir Walter. G.C.M.G.
>Vc "Cape of Cood Hope. Governor of.''
Hershensohnn, J. M.
Appointed Acting Secretary for Natal. 251 ; Vote nf thanks to. 274.
416 SOITII AFRICAN NATIONAL (,'O.NVKNTIOX, 1908 — '09.
Hertzog, General the Hon. J. B. M., M.L.A.
Delegate for the Orange River Colony, 5.
Motions and amendments by ;
Capital, Selection of, Committee on procedure, 126 (w).
Ditto ditto Method of voting, 199-200, 223 (w).
Capitals not chosen as Union Capital, Financial relief to, 196-197 (w).
Languages, English and Dutch, Equality of, 18, 22 (d).
Members, Qualifications of, 49, GO, 69.
Ministers, Assignment of offices, 16, 17 (n).
Parliament, Dissolution of, 55, 61 (w).
Provincial Councils, Administrative powers of, 112 (n).
Ditto Committee on, Objection to reference to, 87.
Ditto Executive Committees, 107 (w).
Ditto Legislative powers of : (a) generally, 78 (w) ;
(b) local and private matters, 110; taxa-
tion, 79 (n).
Railway and Harbour Board, Construction of non-payable works, 167 (c).
South Africa Act, Draft, Amendments to, see "South Africa Act."
Ditto ditto Committee on Dutch Draft, 178.
Territories, Free intercourse between inhabitants of, 149.
High Commissioner.
See " Transvaal, Governor of."
Hobhouse, Miss Emily.
Message of congratulation from, 8.
Hofmeyr, G. R.
Appointed Secretary to Convention, 3 ; Secretary for the Transvaal, 5 ;
Votes of thanks to, 249, 273.
Hull, Hon. H. C., IY1.L.A.
Delegate for the Transvaal, 4.
Motions and amendments by :
Assets, etc., Postponement of motion on, 23.
Ditto Vesting of, in Union, 187-188.
Capital, Union, to be situated on Vaal River, 243-244 (w).
Capitals not chosen as Union Capital, Financial relief to, 170 174
(c), 189, 195-196 (n).
Finance Committee, Reappointrnent of, 251,
Ditto References to, 168, 170, 251.
Franchise laws and qualifications, 59-62 (c).
Members, Disqualifications of, 74-77, 77 (c).
Ditto Sitting when disqualified, 95.
Ditto Vacation of seats, 74-77 (c), 94 (d).
Provincial Councils, Legislative powers of : (a) generally, 78 ; and
(b) local and private matters (objection to amendment). 110.
Railway Agreement. Inter-Colonial. 269-270 (w).
Railway and Harbour Board, Gratuitous services, 188.
South Africa Act, Draft, Amendments to, see " South Africa Act."
Ditto ditto Revision of, 195.
Statement by, on position of South African Governments with Con-
ference Steamship lines, 251.
Humphreys, J. H.
Vote of thanks to, as Secretary of the English Proportional Representa-
tion Society, 274.
Hyslop, T., J.P., M.L.A.
Delegate for Xatal, 4.
Motions and amendments by :
Business. Temporary suspension each morning, 23.
Capital Union, to be at Pietermaritzburg, 244-245 (»).
Capitals, not chosen as Union Capital. Financial relief to, 125 (c), 198,
Civil Service Reorganization Commission. 129 (d).
Expenditure and Revenue, Returns of. 14 (»').
Finance Committees, Reference-; to, 125, 131.
Governor-General, Powers of Governors vested in, 17.
Laws, General, Continuance of, 49.
Ditto on local matters, Making of. 20-21 (n).
INDEX. 417
Hyslop, T., J.P., M.L.K.— (continued).
Parliament, Dissolution of, 55 (w), 55, Gl (w).
Provincial Auditors, Appointment, etc., 115 (w).
Provincial Councils, Administrators and Executive Committees,
Powers of, in Council, 115 (n).
Ditto Legislative powers of, 78 (w).
Ditto Members, Number of. 105 (n).
Senate, Constitution of, 28-33 (d).
Senators, Number and mode of election, etc., 30-37.
Ditto Number, Laws as to decrease, 37-38 (n).
South Africa Act, Draft, Amendments to, ncc " South Africa Act."
Ditto ditto Consideration of, 153-154 (w).
Territories, Expenses of members of commission, 149-150.
I.
Interpreter, Official.
Appointment of Dr. VV. K. Hole, 6 ; Admitted to Convention Chamber,
6 ; Vote of thanks to, 273.
J.
dagger, J. W., M.L.A.
Delegate for the Capo of Good Hope, 4.
Motions and amendments by:
Capital, Union, Selection of by voters, 238-231), 243-245 (w).
Capitals not chosen as Union Capital, Financial relief to, 170-174 (c).
Electoral Divisions, Commission on, 67 (d).
Ditto Members for, 67-08 (w).
Finance Committee, Reference to, 167-108.
Financial relations commission. 1(14 (w), 164.
Franchise, Amendment of existing laws, 24 (w), 26-27 (c).
Languages, English and Dutch, Committee on, 18, 22 (w).
Laws, Money, and powers of Senate, 50 (w), 51 (n).
Ditto rejected by Senate, etc., Joint sitting, 53-
Members, Deductions for absence, 97.
Ditto Disqualifications, 73-74 (w), 77 (c).
Ditto Number, Readjustment of, 47 (n)
Ditto Payment of, 96 (d).
Ditto Pecuniary interest, 95 (w).
Ditto Qualifications, etc., 94 (n).
Ditto Vacation of seats, 94.
Ministers, Assignment of officers. 10 (iv).
Ditto Eight to be appointed, 16-17 (n).
Oath or affirmation of allegiance. Form of, 133.
Parliament, Annual sessions of, 77.
Ditto Dissolution of, 54-55 (w).
Proceedings, First Day's, Publication of, 8 (n).
Provincial Administrators, Appointment, etc., 89. 92£(c).
Provincial Auditors, Appointment, etc., 113, 115 (iv).
Provincial Councils, Administrative powers, 116 (d).
Ditto Legislative powers of : (a) agricultural societies,
86 (») ; (h) borrowing powers, 79-80 (n) ;
(r) gaols and hospitals, 81.
Ditto Rules for. 100 (n).
Ditto Speech, Freedom of, 107 (n).
Provincial Revenue Fund. Formation of, 182 (w).
Railway and Harbour Board, Formation, etc., 166 (n).
Railways and Harbours, Vesting of, in Union, 165 («).
Resolutions, Removal of, 29.
Senate. Constitution of. 28-33 (d).
Ditto President of, 40 (</•).
Senators, Number and mode of election, etc., 33-35 (c).
Ditto Qualifications of, 38.
Sittings, Hours of, 72 (>/•).
South Africa Act, Draft, Amendments to, see " South Africa Act."
Union, Name of, 15 (ic).
Petition presented by, 24.
P
418 SOUTH AFRICAN NATIONAL CONVENTION, 1908 — '09.
Jameson, Right Hon. Dr. L. S., P.C., C.B., M.L.A,
Delegate for the Cape of Good Hope, 3.
Motions and amendments by :
Orange River Colony Government, Vote of thanks to, 274.
South Africa Act, Draft, Amendments to, see " South Africa Act."
Johannesburg.
Message of congratulation from Grand Secretary, Masonic Hall, 134.
Jones, Rev. T. H.
Letter from, on uniform code of marriage laws, 114.
Judges.J
See " Supreme Court."
Justice.
Administration of, Minister of State for, Draft resolution of Committee
considered, 123 ; Amendment, Mr. Steyn, 123.
Ditto Proposals submitted by the President, 62-63 ; Con-
sidered, 70 ; Amendment, Gen. Smuta, 70; Com-
mittee on, Motions for, Gen. Smuts, 63 (n) ;
Sir George Farrar, 70 ; Proposals of President
referred, 70 ; Report, 117-121 ; Considered,
121-123.
Ditto See also " Supreme Court."
Kllpln, E. F., C.M.G.
Appointed Chief Secretary to Convention, 3 ; Secretary for the Cape
of Good Hope, 4 ; Votes of thanks to, 249, 273.
King, H.M. the [King Edward VII.]
Birthday of, Congratulations to, Motion, Gen. Botha, 71 ; Reply, 73.
Cruiser Squadron, Presence of, Message to, on, 17.
Laws, Disallowance of, by, Motion on, The President, 143-144 ; Draft
resolution of Committee on disallowance of laws for Territories
considered, 149.
Message of congratulation from, 2 ; Reply, 9
Union, Addresses for authorization of [Appendix I.], 355-357.
King-in-Council.
Appeals to, see " Supreme Court."
King's Pleasure.
Reservation of Bills for signification of, Motion on, The President, 143-144.
Kotze, Hon. Mr. Justice.
Letter from, with memorandum by judges of Eastern Districts Court on
proposed amendments in Draft Act and President's reply, 260.
Krige, C. J., M.L.A.
Message of congratulation from, 8.
Kroonstad.
Invitation to Convention to meet at, 30 ; Letter from Town Clerk on
Capital, 168.
L.
Land Settlement Boards.
Transvaal and Orange River Colony, Letter from the High Commissioner
on position of, under Union, and reply, 263.
Languages, English and Dutch.
Equality of, Motion on, Gen. Hertzog, 18, 22 (d) ; Amendments : Mr.
Jagger, 18, 22 (w) ; Sir George Farrar, 22.
Ditto Petitions on subject of : Afrikaansche Christelijke Vrouwen
Vereeniging (Hooi'd Coimte), 21 ; Orange Women's
Union, 22.
Ditto Telegram from Zuid Afrikaanse Taalbond, on, 18.
INDEX. 419
Laws.
Annual Appropriation, to deal only with such appropriation, Motion
on, Mr. Merrirnan, 51. -^j
Assent disallowance, reservation, etc., Motion on, The President, 143-144 ;
Letter from High Commissioner on assent and President's reply. 250.
Lontmuance of existing electoral and other, Motion on. (Jen. Smuta,
£' L (C)' 48' f>9-f>° <"')• (i!) : Amendments : Dr. Beck, 26 (c) •
Mr Merriman, 48, 59-<50 (w) ; The President, fiO, (19 (w) ; Sir Percy
f itzpatrick, 69 (w).
Continuance of existing general, Motion on, Gen. Smuts, 49 ; Amend-
ments : Mr. Malan, 49 ; Mr. Hyslop, 49 ; Mr. Walton, 49 ; Mr.
•Fischer, 49.
Franchise, see " Franchise."
Governor-General's recommendation on appropriation or taxation
Motion on, Mr. Merriman, 51 ; Amendments: Dr. Smartt, 51 (n) •
Col. Greene, 51 (n).
Making alteration, amendment or repeal of, Motion on. Mr. Merriman
~ir ( LS Alnentln>°nts : Col. Stanford, 20, 21 (w) • Mr. Lindsay, 20 :
Mr. Hyslop, 20-21 (n).
Money, Whore to orginate and powers of Senate regarding, Motion on
(.ten. Smuts, 4951; Amendments: Mr. Jagger, 50 (w) • The
Present. 50-51 ; Mr. Walton, 50-51 (d) • Mr. Merriman, 50-51 (n) •
Mr. Jagger, 51 (n) ; Gen. Smuts. 51.
Power of Parliament to make, etc., Motion on, Mr. Merriman 20 (d) •
Amendments: Col. Stanford, 20, 21 (w) ; Mr. Lirultay, 20; Mr.
Hyslnp, 20, 21 (n).
Provincial, see " Provincial Councils."
Rejected by Senate or amendments not accepted, Joint sitting Motion
on, Cre/i. Smuts, o2-54 ; Amendments : Mr. Merriman, 52-53 (w) •
Mr. Jagger, 53 ; Mr. Merriman, 53-54.
Revenue and Taxation, to originate in House of Assembly, Motion on
Mr. Merriman, 51.
Taxation to deal only with such taxation, Motion on, Mr. Merriman
51-52 (w).
Territories, see " Territories."
Legal Advisers.
Votes of thanks to, 249, 274.
Legislative Power.
In whom to be vested. Motion on, Mr. Merrhmm, 18-20 ; Amendments :
Mr. Fischer, 18 (w), 18, 19 (n) ; Gen. Smuts, 18, 19 (n).
Liabilities.
To bo vested in Union, Motion on, Mr. Merriman. -21-->3 • Con-
sideration postponod, Mr. Hull. 23; Referred to Finance' Com-
mittee Mr. Malan. 114; Draft resolution of Comrnitee con-
sidered 16-> ; Amendments: Gen. Smuts. 1(15 (M-) ; Mr. Mcrrnnan,
lt>o (n) -Mr. Fischer, 1(18; Proviso by Mr. Fis-hor referred to
Finance Committee. Mr. Hull. 1(18 ; Amended draft resolution of
nmittee considered, 187-188; Amendment, Mr. Hull, 187-188 (n)
Lindsay, H. L., M.L.A.
Delegate for the Transvaal, 4.
Motions and amendments by :
Capitals not chosen as Union Capital. Financial relief to, 197-198 (w)
Civil Service Commission, Reorganization, 132.
Constitution. Amendment of, 133.
Laws, Making of. 20.
Members, Pecuniary interest. Committee on 95 («•)
Ditto Qualifications of. (19.
Railways and Harbours. Administration of. Kit).
Senators, Number and mode of election, etc.. 34-35 (c)
Ditto Qualifications of, 39.
South Africa Act, Draft, Amendments to, see " South Africa \ct "
Lnion, JSame of, 15.
420 SOUTH AFRICAN NATIONAL CONVENTION, 1908 — '09.
Loan 'Balances.
See " Finance."
Lombard, Hon. J. F., M.L.C.
Message of congratulation from, 9.
London, Delegates to.
See " South Africa Act."
Long, B. K.
Votes of thanks to, 249, 274.
Lucas, F.
Votes of thanks to, 249, 274.
Luckhoff, W.
Votes of thanks to, 249, 274, 274.
Luttig, J., Jr.
Message of congratulation from, 8.
M.
Maasdorp, G. H., M.L.A.
Delegate for the Cape of Good Hope, 4.
Mafeklng.
Letter from Town Clerk of. on site for Capital, 126.
Malan, Hon. F. S., M.L.A.
Delegate for the Capo of Good Hope, 4.
Motions and amendments by :
Civil Service Commission, Reorganization, 131-132.
Drafting Committee, Reference to, 220.
Electoral divisions, Commission on. 07 (d).
Ditto Redistribution of, after Census, 68.
Finance Committee, Reference to, 114.
Laws, General, Continuance of, 49.
Members, Payment of, 96-97.
Ditto Readjustment of number of, 45 (n), 45-46.
Ditto Sitting when disqualified. 95.
Morcom, Mr., Sympathy with on bereavement, 88.
Motions, Procedure on, 8.
Parliament, Dissolution of, 54-56. 61.
Proceedings, First Day's, Publication of, 8.
Provincial Councils, Administrative powers of, 112 (n).
Ditto ditto existing, 116 (d).
Ditto Executive Committees, 107.
Ditto Legislative powers of : (a) agricultural societies
and roads. 86 (n) ; (l>) generally, 112.
Ditto Members Number of, 105 (n).
Railway and Harbour Board, Gratuitous services, 188 (w).
Resolutions, amendment of, 153.
Senate, Constitution of, 31-33.
Ditto President of, 40 (n).
Senators, Nominated, Period for which nominated, 41.
Territories, Revenue anil expenditure of, 148.
Voters. Qualifications of. 64. 65 (»:).
Petitions presented by, 21, 22, 98, 256.
Mail Contract, Ocean.
Question referred to Finance Committee, Mr. Walton, 258 ; Report of
Committee, 273 ; Considered and adopted, 273.
Maize.
Increase of export rate on, Report of Finance Committee, 273 ; Con-
sidered and adopted, 27'?.
INDEX. 421
Marriage Laws.
Uniform code of, Letter on, 114.
Members of Convention.
Credentials put in, 3-5.
Res lutions of the various Parliaments appointing [Appendix C], 280-281-
Members of Parliament.
See " Assembly " and " Senate."
Merriman, Right Hon. J. X., P.O., M.L.A.
Credentials of Capo of Good Mopo delegates put in by, 3.
Delegate for tln< Capo of Good Hope, 4.
Motions and amendments by :
Assembly, House of. Constitution of, 41-43 (c).
Assets, debts, etc., to bo vested in Union, 21-23, 114 (c), 165 (n).
Auditor-doneral, Appointment of. Ki8, 109 (w).
Capo Town, Meeting of Convention at, 72.
Civil Service Commission, Reorganization, 131-132 (d).
Governor-CJoneral's recommendation on appropriation or taxation
laws, 51.
Laws. Annual Appropriation, 51.
Ditto Electoral, etc.. Continuance of, 48, 59-00 (w).
Ditto Franchise, Amendment or repeal of, 23-24 (w), 26-27 (c).
Ditto Making of, 20 (d).
Ditto Money, and powers of Senate, 50-51 (n).
Ditto rejected by Senate, etc.. Joint Sitting, 52-53 (w), 53-64.
Ditto Itevenuo and taxation, where to originate, 51.
Ditto Taxation, 51-52 (</•).
Legislative power, in whom vested, 18 20.
Members, Disqualifications for, 7<> (n).
Ministers. Seven to bo appointed. Hi (n).
Natal. Government of. Vote of thanks to. 71.
Order List and Notice Paper, Committee on, 73.
Parliament. Dissolution of. 54-55 (n).
Petitions. Presentation of. !i.
President. Vote-; of thanks to. 249. 273.
Proceedings, Destruction of Minutes of. 248 (d}.
Ditto Secrecy of, and matter to be recorded, 6.
Provinces. Formation of, 10 12 ("•).
Provincial Administrators. Appointment and removal, 88-89 (c).
Provincial Auditors, Appointment of, 115.
Provincial Councils, Administrative powers, existing, 116.
Ditto Chairman of. KM'..
Ditto Formal ion of, <»0-92 (c).
Ditto Legislative powers of : (a) agricultural societies,
86 (n) ; (f>) horro\\ ins powers, 79-80 (w) ;
(r) bush fires, etc., 86 (n) ; (d) fencing of
roads. Sii (/,) ; (c) gaols and hospitals,
81 : (/') generally. 78 (d) ; (r/) local works,
etc.. 84 ; (h) markets and pounds, 86 ; (i)
ollices and appointment of officers, 80 ;
(/) provincial constitutions. 78 (d) ; (k)
roads and bridges, S(i ; (/) taxation for
provincial purposes. 79 (il).
Dii to Mem1 - A owir-fes. I in; i-/).
Railways and Harbours. Vesting of. i:i I'nion. Ili5.
Seats of Government and Leirislat ure. 23S-23'.*. 243-245 (w).
Senate. Co-ist itui ion of. 2S ("•).
Senators. Number and moile of election, etc.. 33-34 ('/').
South Africa Act. Draft. Amendments to. f<cc "South Africa Act."
Ditto Pi'ocedm-e after jiublication, Committee on, 236.
Supreme Court. Provincial Divisions. 121.
Union. Admission to. after formation. 1(1-13.
Ditto Desirability of a legislative, ln-13.
Ditto Name of. JO. 12 (//•).
Vice- President. Election of. 3.
Petition presented by, 250.
422 SOUTH AFRICAN NATIONAL CONVENTION, 1908 — '09.
Mlchell, Hon. Sir Lewis L., Kt.
Credentials of Southern Rhodesia representatives put in by, 5.
Representative for Southern Rhodesia, 5.
Milton, His Honour Sir William, K.C.M.G.
Representative for Southern Rhodesia, 5 ; Intimation of inability to
attend further proceedings, 93 ; Copy of proceedings to be for-
warded to, 94 ; Letter acknowledging, 131.
Mineral and Mining Rights.
Vesting of in Union, Draft resolution of Committee considered, 165.
Ministers of State.
Appointment and Qualifications, Motion on, Gen. Smuts, 14-]."»;
Amendments : Mr. Walton, 15, 16 ; Mr. Sauer, 15, 16(w) ; Dr.
Beck, 15, 16 (w).
Number and assignment of offices, Motion on, Gen. Smuts, 14,-] 7;
Amendments: Mr. Jagger, 16 (w) ; Oen. Hertzog, 16, 17 (n) ; Mr.
Merriman, 16 (n) ; Mr. Jagger, 16, 17 (n).
Salaries of, Motion to refer to Finance Committee, Mr. Sauer, 125 (n).
Minutes of Proceedings.
See " Proceedings."
Miscellaneous Matters, Committee on.
See " Civil Service."
Modus Vivendi.
Between Transvaal and Mozambique, and Draft agreement, Report of
Finance Committee on, 232.
Money Laws.
See " Laws."
Moor, Right Hon. F. R., P.O., M.L.A.
Credentials of Natal delegates put in by, 4, 150.
Delegate for Natal, 4 :
Morcom, Mr., Reply to resolution of sympathy with, 88.
Motions and amendments by :
Cape Town, Vote of thanks to Mayor of, 249.
Franchise, Women's, Granting of, 133-134, 142-143. 151 (w).
President, Election of, 1.
Provincial Councils, Legislative powers of : (a) borrowing powers,
79-80 ; (b) companies, incorporation of, 84 (n) ; (c) constitu-
tion, provincial, amendment of, 61-62, 77-78 (n) ; (d) generally,
61-62, 77-78 (n) ; (e) justice, administration of, 84 (n) ; (/)
land, registration of titles to, 85 (n) ; (g) mining and
forestry, 85 (n) ; (h) nntive tribes, affairs of, 85 (n) ; (i) natives,
lands reserved for, 85 (w) ; (j) police, local, 84 (n) ; (k) private
and local matters, 85 ; (I) property and civil rights, 84 (n) ;
(m) punishment, imposition of, 85 ; (n) taxation for provincial
purposes, 79 ; (o) works, local, etc., 84.
Secretaries, Appointment of, 3, 251.
Sittings, Hours of, 77.
South Africa Act, Draft, Amendments to, see " South Africa Act."
Ditto Draft prepared in Natal, Consideration of, 13.
Translators, Vote of thanks to. 274.
Natal Government, Reply to vote of thanks to, 71.
Petition presented by, 22.
Morcom, W. B., K.C., M.L.A.
Delegate for Natal, 4.
Expression of sympathy with on bereavement, Motion, Mr. Malan, 88';
Reply by Mr. Moor, 88.
INDEX. 423
Morcom, W, B., K.C., M.L.A. — (continued).
Motions and amendment 3 by :
Constitution, Amendment of, 133 (c).
Natal, Establishment and powers of legislature for, 92-93 (c).
Provincial Councils, Legislative powers of : (a) gaols and hospitals,
80-81 (n) ; (6) land, etc., management of, 80 (n) ; (c) licences,
82-83 (n) ; (d) liquors, intoxicating, sale and supply of, 83 (n) ;
(e) municipal institutions, 81 ; (/) offices and appointment of
officers, 80.
States, Constitution of, etc., 10-12 (n).
Union, Establishment of, 10-12 (n).
Resignation of, 150.
Motions.
Procedure on, see " Rules and Orders."
Mozambique.
See " Modus Vivendi."
Municipal and Local Authorities.
Continuation of powers of, Draft resolution of Committee considered, 116.
Murray, C. G.
Vote of thanks to, 274.
N.
Natal.
Credentials of delegates put in, 4.
Government, Vote of thanks to, Mr. Merriman, 71 ; Reply by Mr.
Moor, 71.
Governor of (H.E. Sir Matthew Nathan, G.C.M.G.) Chair temporarily
taken by, 6 ; Speech by at opening, 6-7 ; Reply by President, 7 ;
Minutes of Proceedings to be forwarded daily to, 10 ; Letter ack-
nowledging, 13.
Parliament, Resolution and list of amendments on consideration of
Draft Act laid upon the Table, [Appendix G. pages 345-349], 250-251 ;
Resolution and address on final approval of Draft Act [Appendix I.],
355-357.
Precedence of, in proceedings, 28.
South Africa Act, Draft, prepared in, laid upon the Table, Mr. Moor,
13 ; Notice of intention to move section by section, Mr. Moor, 13.
Natal Women's Enfranchisement Committee.
Petition from, in favour of women's franchise, 22.
Nathan, H. E., Sir Matthew, G.C.M.G.
See '' Xatal, Governor of."
Native Affairs.
Committee on, Motion for, Gen. Smuts, 125 ; Amendment : Mr. Fischer,
125 ; Motion by Col. Stanfonl on control and administration re-
ferred, Gen. Smuts, 125 ; Draft resolution on New Provinces re-
ferred, Mr. Sauer, 132 ; Report, 134-138 ; Considered, 143-150.
Control and administration of. Motion on, Col. Stanford, 117 ; Referred
to Committee on Native Affairs, Gen. Smuts, 125 ; Draft resolution
of Committee considered, 150.
See also " Protectorates."
Natives.
Advancement of, Letter on, 57.
Franchise to, see " Franchise."
Interests, Letter on safeguarding, 239.
Position and privileges of, Letters on, 256-257, 263.
424 SOUTH AFRICAN NATIONAL CONVENTION, 1908 — '09.
Naturalization.
In any Colony to apply throughout Union, Motion on, den. Smuts, 48,
(59-70 (w) ; Draft resolution of Committee considered, 59.'
Reform Association, Letter from, on modification of laws, 25 ; Messag*
of congratulation from, 73.
Nederdultsch Gereformecrde Kerk, Natal.
Message of congratulation from, 9.
o.
Oath or Affirmation of Allegiance.
Form of, Motion on, Mr. J agger, 133.
Office of Profit.
Definition of, see '' Assembly " and " Senate."
Orange River Colony.
Administrator of (H.E., R. Banantine Allason, C.T^.), Congratulatory
message from, 9 ; Minutes of Proceedings to be forwarded daily
to, 10.
Credentials of delegates put in, 5.
Government, Vote of thanks to, 274.
Land Settlement Board, Letter from High Commissioner on position
of under Union and reply, 203. --s|
Parliament, Resolution and list of amendments on consideration of
Draft Act [Appendix G., pages 345-349] laid upon the Table, 250-
251 ; Resolution adopted by the House of Assembly on definition
of " Sparsity and density of population " and " Sparsely populated
areas," Letter forwarding, 250 ; Resolutions and address on^final
approval of Draft Act [Appendix; I. J, 355-357.
Precedence of, in proceedings, 28.
Orange Women's Union.
Petition from, on equality for English and r_Dutch Languages, 22.
Order List and Notice Paper.
Committee to arrange, Motion for. Mr. Merriman, 73.
Distribution of, Motion on, Mr. Walton, 77.
Orpen, J. M., C.M.G.
; ^ Letter from, on representation of other than white citizens, 9 ; Copies
distributed to members, 9.
P.
Paarl.
Invitations from Mayor of, 8S, 98 ; Motions on acceptance, Gen. Botha
and Mr. Saucr, 89.
Parijs.
Letter from Mayor and Town Clerk of, on Capital, 1S3.
Parliament.
Dissolution of, sec " Assembly " and " Senate."
Houses of, Names of, Motion on, Mr. Mtrrlinan, 18-20; Amendments:
Mr. Fisher, 18-19 (n) ; Gen. Smuts, 18-19 (n).
Laws, see " Laws."
Members of. see " Senate " and " Assembly."
Officers of, retired. Pensions, etc.. to. Motion on, Col. Greene, 132.
Sessions of, to be held, annually, Motion on, Mr. Jaqgcr, 77.
Petitions.
Presentation of, Letter or procedure, 9 ; Motion on,'' Mr. Merriman, 9.
Presented :
English and Dutch languages, Equality of, 21, 22
Franchise. Natives and coloured people, 23, 42, 43, 48, 73, 161,
250, 257.
Ditto Women's, in favour of, 22, 25, 98.
Ditto ditto in opposition to, 13, 24.
Wine Industry, Relief to, 25(J.
INDEX. 425
Plowman, G. T., C.M.G.
Appointed Secretary to Convention, 2 ; Secretary for Natal, 4 ; Votes
of thanks to, 249, 273.
Population.
Sparsity or donsityjjof. and sparsely populated areas, Letter from Prime
Minister of Orange River Colony forwarding resolution of House
of Assembly on definition of, 250.
Postma, Mr.
Message of congratulation from, 8.
Potchefstroom.
Letters from Mayor of, on capital and death rate, 163, 207.
President of Convention (Right Hon. Sir J. H. de Villiers, P.C., K.C.M.G.)
Address on election, 1-2 ; Incorporation in Minutes, Motion on, Mr.
Fixchcr, 8.
Cape Town, Statement on arrangements for holding of session of Con-
vention a', 71.
Casting vote of, in event of equality of votes, 6.
Debate, Right to speak and vote in, 6.
Decision of .Procedure when challenged, 6.
Do la Key, Gen. J. H., M.L.A., Congratulations to on birthday, 27.
Delegate for the Capo of Good Hope, 3.
Dingaan's Day, Statement on, 133.
Drafting Committee, Statements on work of, 151, 224.
Durban, Statement on reception of delegates at, 5.
Election of, 1.
Motions and amendments by :
Capital, Commission to select, 139 (d).
Delegates to London, Powers of , 272.
Governor-General's salary, 125 (c).
Judges, Existing, Position of, under Union, 123.
Justice, Administration of, (>2-<>3 (c).
Laws, Assent, d;sallo\vance, reservation, etc, 143-144.
Ditto Electoral, etc., Continuance of, 60, 69 (w).
Ditto Money, and powers of Senate, 50-51.
Provincial Administrators and Executive Committees, Powers in
Council, 1 15.
Provincial Councils, Legislative powers of, 78 (d).
Senate, Constitution of, 29-33.
So ith Africa Act, Draft, Amendments to, see "South Africa
Act."
Territories, Commission for administration of, 146.
Ditto Laws amending schedule. Reservation of, 150.
Ditto Laws for, after transfer, 145.
'Natal, Governor of. Reply to speech at opening, 7.
Petitions presented by. 13. 22, 23, 151. 257.
Quorum not present. Statement on, 43.
Re -ords. Custody and disposition to be left in hands of Motion on, Mr.
Fischer. 273.
Rnlincs of : On power of Union Parliament to define number and extent
of Provinces. 12 ; On rescission of resolution regarding Capital of
Union. r.iS-1'.H).
Voles of thanks to. 249. 273 ; Replies, 249, 273.
PresiJi u of Senate.
Press.
Publication of First Report and Draft Act, Communication to. 248
Publication of Second Report and amended Draft Act through
Motion on. Mr. Fitchrr. 272.
Publication of precis of first day's proc edinirs and addresses in, Motion
oil. Mr. Mdlan. 8; Amendment : Mr. Ja<j<jcr, S (/;).
426 SOUTH AFRICAN NATIONAL CONVENTION, 1908 — '09.
Pretoria.
Inter-Colonial Conference at, see " Union."
Right Rev. the Bishop of, Letters from, with messages of congratulation
from Diocesan and General Synods of the Anglican Church, 83.1 ^
Seat of Government to be at, Motion on, Mr. Merriman, 238-239, 243-
245 (w) ; Amendments : Gen. Botha, 238-239, 243-245 (w) ; Mr.
Jagger, 238-239, 243-245 (w) ; Mr. Hull, 243-244 (w) • Mr. Hyslop,
244-245 (n) ; Mr. Sauer, 244 (w).
Private Bills.
See " Provincial Councils."
Proceedings, Minutes of.
Custody of, Motions on, Col. Greene, 71 ; Sir George Farrar, 248 (w) ',
Mr. Fischer, 273.
Destruction of, Motion on, Mr. Merriman, 248 (d).; Mr. Steyn, 273 (n).
Distribution of, Motion on, Col. Greene, 7-8 (w) ; Amendments : Mr.
Walton. 8 ( w) ; Sir Percy Fitzpatrick, 8.
Governors of Colonies, Daily transmission to, 10 ; to Sir William Milton,
94.
Publication of first day's ,Motion on, Mr. Malan, 8 ; Amendment : Mr.
Jagger, 8 (n).
To be treated as private and confidential, Motion on, Gen. Smuts, 248 ;
Amendment : Sir G. Farrar, 248 (w).
See also " Records."
Proceedings.
Secrecy of, Motion on, Mr. Merriman, 6.
Properties of Colonies.
Vested in Union, Draft resolution of Committee considered, 165 ; Amend-
|jt ment : Gen. Smuts, 165.
Proportional Representation Society, English.
Vote of thanks to secretary, 274.
Protectorates.
See " Native Affairs " and " Territories."
Provinces.
Boundaries, Alteration of, Draft resolution of Committee considered,
116, 121; Amendments: Mr. Walton, 116 (w), 121 (d).
Constitution and powers of, Motion on, Mr. Merriman, 10-12 (w) ;
Further motion, 12-13 ; Amendments : Mr. Fischer, 10-12 (w) ;
Mr. Brown, 10-12 (w) ; Mr. Morcom, 10-12 (n) ; Col. Greene, 11-12
(ic) ; President's ruling as to power of Union Parliament to deter-
mine number and extent of, 12.
Financial relations of Union with. Commission on, Draft resolution of
Committee considered, 103-164 ; Amendments: Mr. van Heerden,
163-164 (iv}; Gen. Smuts, 164, 164; Mr. Jagger, 164 (w), 164.
Financial relations of Union with, Temporary, Draft resolution of Com-
mittee considered, 163-164 ; Amendments : Mr. Jagger, 164 (iv),
164; Gen. Smuts, 164.
New, Admission of. Motion on. Mr. Merriman, 10-13 ; Amendments :
Mr. Morcom, 10-12 (n) ; Draft resolution of Committee on Civil
Service, etc., considered, 132 ; Referred to Committee on Native
Affairs, Mr. Sauer, 1 3'2 ; Draft resolution of Committee on Native
Affairs, considered, 150.
Provincial Administrators.
Appointment and removal, Motion on, Mr. Merriman, 88-89 ; Referred
to Committee on Constitution of Provincial Councils. Gen. Smuts,
89-90; Draft resolution of Committee considered, 104, 109; Amend-
ment, Gen. Smuts, 109.
Matters not delegated to Provincial Councils, Power to act in, Motion on,
Gen. Smuts, 109.
INDEX. 427
.Provincial Administrators — (continued).
Recommendation of, on appropriations, Draft resolution of Provincia1
Councils Committee considered, 113; Amended by Finance Com-
mittee, 158 ; see '' Provincial Revenue Funds."
Salaries of, Draft resolution of Committee considered, 104, 110.
Vote and speech in Provincial Councils, Rights as to, Draft resolution
of Committee considered, 115-110; Amendments: Mr. Hyelop,
115 (n); The President, 115.
Provincial Attorneys-General
Appointment and duties, Draft resolution of Committee considered, 123.
Provincial Auditors.
Appointment and duties, Draft resolution of Committee considered,
113, 115 (ri) ; Amendments: Mr. Jagger, 113, 115 (w) ; Mr.
Merriman, 115; Mr. Hyslop, 115 (w)
Provincial Capital.
Location of elsewhere, if existing Capital chosen as Union Capital,
Motion on, Col. Greene, 245 (n).
Provincial Capitals.
Financial relief to, for not being chosen as Union Capital, Question
referred to Committee on Finance, Mr. Hyslop, 125 ; Draft reso-
lution of Committee considered, 170-172; Amendments: Mr.
J agger, 170; Mr. Hull, 170; Motion for postponement of considera-
tion, Oen. Botha, 170-172 (n) ; Further amendments : Col. Greene,
172 ; Dr. Smartt, 172 ; Draft resolution referred back to Committee,
Sir Percy Fitzpatrick, 172-174; Amended draft resolution of Com-
mittee considered, 189-191, 195-198 (n) ; Amendments : Mr.
Hull, 189, 195-196 (n) ; Dr. Beck, 196-198 (d) ; Sir George Farrar,
196-198; Gen. Hertzog, 196-197 (w) ; Mr. Lindsay, 197-198 (w) ;
Mr. Browne, 198 ; Mr. Hyslop, 198.
Selection of, Draft resolution of Committee considered, 110. 152, 248 (d)f
Provincial Councils. $|
Administrative powers for Provinces vested in, Draft resolutions of
Committee considered, 112 (n), 116 (d) ; Amendments: Oen.
Hertzog, 112 (n) ; Mr. Malan, 112 (n) ; Gen. Smuts, 116 (d) ; Mr.
J agger, 116 (d) ; Mr. Merriman, 116; Mr. Malan, 116 (d).
Appropriations, Administrator's recommendation, on, Draft resolution
of Provincial Councils Committee considered, 113; Amended by
Finance Committee, 158 ; see " Provincial Revenue Funds."
Committee on constitution of, Motion for, Gen. Smuts, 87-88 (w) ;
Reference of resolution on legislative powers, Gen. Smuts, 87-88 ;
Objected to, Gen. Hertzog, 87 ; Further motion for Committee,
Gen. Smuts, 89-90 ; Motions by Mr. Merrimau and Mr. Moreom
and amendment by Mr. Jaeger, 90-92 ; Referred to Committee,
Gen. Smuts, 89-90; Report, 99-104; Considered, 104-113, 115-116.
Duration of, Draft resolution o C >mmittoe considered, 10'i.
Executive Committees, Appointment, remuneration, powers and duties,
Draft resolutions of Committee considered, 107-109 ;
Amendments : Mr. Malan, 107 ; Gen. Hertzog, 107 (w) ;
Mr. Fischer, 107 (»') ; Mr. Saner, 107 : Gen. Smuts,
107-108; Dr. Smartt. 107-10S 10S ; Gen. Smuts, 108;
Mr. Smythp, 108 (u>), 109.
Ditto ditto Members of. to sit and speak in Council but not to
vote. Draft resolution of Committee considered, 115-116 ;
Amendments: Mr. Hi/slop. 115(«); The President. 115.
Legislative powers. Motions, etc.. on granting of, in regard to the following
subjects :
(i) Agricultural societies and fencing of roads. Motion on. Mr.
Merriman. 86 (n) ; Amendments: Mr. J agger. 86 (n) ;
Mr. Malan. 86 (n).
(ii) Agriculture, Draft resolution of Committee considered, 111.
428 SOUTH AFRICAN NATIONAL CONVENTION, 1908 — '09.
Provincial Councils — (continued).
Legislative powers, .Motions, etc., on granting of, in regard to the-
following subjects (continued) :
(ii\) Borrowing powers, Motion on, Mr. Moor, 79-80 ; Amend-
ments : Mr. Mcrriman. 79-80 (w) ; Mr. Walton, 79 (n) j
Sir George Farrar, 79-80 ; Mr. Jaeger, 79-80 (n).
(iv) Bush fires, etc., Motion on, Mr. Mcrriman, 80 (n) ; Amend-
ment : Mr. ran Heerden, 80 (n).
(v) Companies, incorporation of, Motion on, Mr. Moor, 84 (n).
(vi) Education, other than higher, Draft resolution of Com-
mittee considered. 111; Amendments: Gen. Botha,
111 (w); Mr. Fischer, 111 (w) ; Gen. Botha, 111.
(vii) Fish and game preservation, Draft resolution of Committee
considered, 111.
(viii) Gaols and hospitals. Motion on, Mr. Morcom, 80-81 (n) ;
Amendments : Mr. Mcrriman, 81 ; Mr. Jagger, 81.
(ix) Justice, administration of. Motion on, Mr. Moor, 84 (n).
(x) Land, registration of titles to. Motion on, Mr. Moor, 85 (n).
(xi) Lands, etc., management and sale of, Motion on, Mr.
Morcom, 80 (n).
(xii) Licences, Motion on, Mr. Morcom. 82-83 (n) ; Draft reso-
lution of Committee considered, 110 (n) ; Amendment,
(it n. Smutft, II1'.
(xiii) Liquor, sale and supply of intoxicating, Motion on, Mr.
Morcom, 83 (n).
(xiv) Local and private matters, Motion on, Mr. Moor, 85 ;
Amendments : Gen. Smuts, 85 ; Committee on Pro-
vincial Councils, 110 (n) ; Gen. Hcrtzog, 110; Objected
to, Mr. Hull, 110.
(xv) Local works, etc.. Motion on, Mr. Moor. 83-84 ; Amend-
ment, Mr. Merriman, 84.
(xvi) Markets arid, pounds, Motion on, Mr. Merriman, 86.
(xvii) Mining and forestry. Motion on, Mr. Moor, 85 (n).
(xviii) Miscellaneous, Motion on Mr. Malan, 112.
(xix) Municipal institutions, etc., Motion on, Mr. Morcom, 81 ;
Amendments: Dr. Smart', 81; Mr. Fischer, 111-112;
Objected to. Sir Pircy Fitzpatrick, 112.
(xx) Native tribes, affairs of. Motion on, Mr. Moor, 85 (n).
(xxi) Natives, land reserved for. Motion on, Mr. Moor. 85 (w).
(xxii) Offices and appointment of officers. Motion on, Mr. Morcom,
80 ; Amendments : Mr. Mcrriman, 80 ; Committee on
Provincial Councils, 101, 110 (n) ; Gen. Smuts, 110;
Further motion. Gen. Smuts, 113.
(xxiii) Ordinances, Motion on po\\ er to make, Mr. Moor, 61-62,
77-78 (n) ; Amendments : Mr. Merriman, 78 (d) ; Gen.
Hertzog, 78 (;/•); The President, 78 (d) : Mr. Hyslop,
78 (u-) ; Col. Stanford, 78 (d) ; Gen. Smuts, 78 (d) ; Mr.
Hull. 78.
(xxiv) Police, local, Motion on, Mr. Moor, 84 (n).
(xxv) Property and civil rights, Motion on, Mr. Moor, 84 (n).
(xxvi) Provincial constitutions, amendment of. Motion on. Mr.
Moor. 01-02, 77-78 (n) ; Amendment, Mr. Merriman,
78 (d).
(xxvii) Punishment, imposition of, Motion on, Mr. Moor. 85.
(xxviii) Roads and bridges, Motion on. Mr. Mcrriman. 80.
(xxix) Taxation for provincial purposes. Motion on, Mr. Moor. 79 ;
Amendments: J/r. Mcrriman, 79 (d) ; Gen. Htrtzog.
79 (n).
Members, Allowances to. Motion on. Mr. Mcrriman, 100 (d) ; Amend-
ment, Mr. Saner, 100.
Ditto Election of. Draft resolution of Committee considered. 105-
100 ; Amendment. Gat. Snnits, 1(15 1' 0.
Ditto Number of. Draft resolution of Committee considered. 104-
](t.l; Amendments: Mr. Hi/xloj), 1<»5 (n) ; Gin. Smuts,
105 ; Mr. Mtitan. li>5 (/*).
Ditto Qualifications. Draft resolution of Committee considered. 100.
INDEX. 429
Provincial Councils — continued.
Officers, Appointment of, Motion on, Mr."Morcom, 80 ; Amendments :
Mr. Merriman, 80 ; Committee on Provincial Councils, 101, 110 (n) ;
Gen. Smuts, 110; Further motion, Gen. Smuts, 113.
Ordinances, Assent of Govornor-Goneral-in-Council to, Draft resolution
of Committee considered, 113.
Payments to by Union Government, Motions on, Mr. Merriman, 114;
Referred to Committee on Finance, Mr. Malan, 114.
Private Bills, Procedure on. Draft resolution of Committee considered, 113.
Recommendations from, to Parliament, on legislation, Draft resolution
of Committee considered, 113; Amendment, Gen. Smuts, 113.
Rules for, Framing and approval of, Draft resolution of Committee con-
sidered, 100 ; Amendments : Mr. Jaggcr, 100 (n) ; Mr. Merriman, 106.
Sessions, Holding of, annually, Draft resolution of Committee con-
sidered, 100.
Speech, Freedom of, in, Draft resolution of Committee considered, 107{;
Amendment. Mr. Jaggcr, 107 (n).
Voters, Qualifications of, Draft resolution of Committee considered, 106.
Provincial Representation.
Readjustment of, see " Assembly."
Provincial Revenue Funds.
Formation of, and appropriations from, Draft resolutions of Committee
considered, 108, 182-183 ; Amendments: Mr. Jagger, 182 (w) ;
Gen. Smuts, 182 ; Mr. Walton, 182 (w) ; Mr. Browne, 182.
Public Debts.
See " Debts."
Public Service.
See " Civil Service."
Q.
Queenstown.
Letter from Mayor of, on Capital, 57.
Questions.
Procedure on, see " Rules ana Orders."
Quorum.
Not present, President's statement on, 43.
Number of members of Convention to form, Motion on. Mr.JSauer. 6 (w)'j
Amendment : Gen. Smuts. 6.
See also " Rules and Orders."
Quota.
See " Electoral divisions."
R.
Railway Agreement.
Inter-Colonial in regard to traffic to competitive area, laid upon the
Table, Col. Greene, 269 ; Motion on, Mr. Hull, 269-270 (w).
Railway and Harbour Board.
Balances of funds vested in, Draft resolution of Committee considered,
167 ; Amendment, Mr. Fischer, 167 (w).
Construction of non-payable works by, Draft resolution of Finance
Committee considered, 167 ; Amendments : Gen. Smuts, 167 ;
Gen. Hertzog, 167 ; Dr. Smartt, 167 ; Draft resolution referred back
to Committee, Mr. Jagger, 167 ; Amended draft resolution considered,
188.
Formation and powers and duties of, Draft resolution of Committee
considered, 165-166 ; Amendments : Gen. Smuts, 165 ; Sir George
Farrar, 165-166 ; Mr. Jaggcr, 166 («).
Services, Gratuitous or unremunerative, Draft resolution of Finance
Committee considered, 167 ; Amendments : Mr. Walton. 167 (n) ;
Draft resolution referred back to Committee, Mr. Hull, 170;
Amended draft resolution considered, 188-189: Amendments: Mr.
Malan, 188 (w) ; Dr. Smartt, 188 (w) ; Col. Stanford, 188 (n) ;
Mr. Malan, 188 (w) ; Mr. Hull, 188.
430 SOUTH AFRICAN NATIONAL CONVENTION, 1908 — '09.
Railway and Harbour Fund.
Appropriations from, Draft resolution of Committee considered, 165.
Formation of, Draft resolution of Committee considered, 163.
Railway Workshops.
Establishment of in Orange River Colony, Resolution of public meeting
at Bloemfontein put in, 254.
Railways and Harbours.
Administration of, principles to be observed, Draft resolution of Com-
mittee considered, 166 ; Amendments : Dr. Beck, 166 (w) ; Mr.
Lindsay, 166; Gen. Smuts, 166; Mr. Watt, 167 (TO).
Rates Fund, Establishment of, Draft resolution of Committee con-
sidered, 167.
Vesting of in Union, Draft resolution of Committee considered, 165 ;
Amendments : Dr. Smartt, 165 ; Mr. Merriman, 165 ; Mr. Jogger,
165 (n) • Mr. Walton, 165.
Records of Convention.
Custody of, during interval between Durban and Cape Town sessions,
Motion on, Col. Greene, 71.
Destruction of, Motions on, Mr. Merriman, 248 (d) ; Mr. Steyn 273 (n).
Disposition and custody of by President, Motion on, Mr. Fischer, 273.
See also " Proceedings " and " Resolutions."
Reports of Convention.
See " South Africa Act."
Resolutions.
Recording of, Motion on, Mr. Merriman, 6.
Removal of, Motion on, Mr. Jogger, 29 ; Amendments : Col. Greene, 29
(w) ; Further motions : Col. Greene, 71 ; Mr. Moor, 150.
Rescission of, President's ruling on, 198-199.
Rescission or amendment of, on consideration of Draft Act, Motion on,
Mr. Fischer, 152-153 (d) ; Amendment, Mr. Malan, 153.
Revenue and Expenditure.
Returns of, Motion for, Mr. Hyslop, 14 (w).
Revenue Funds.
; See " Consolidated Revenue Fund " and " Provincial Revenue Funds."
Revenue Laws.
See " Laws."
Rhodesia, Southern.
Administrator of, see " Milton, Sir William."
Credentials of representatives put in, 5 ; Minute of Administrator appoint-
ing representatives [Appendix D.], 281.
Rules and Orders Adopted.
Amendments to be recorded, 6.
Business to be temporarily suspended each morning, 23, 72-73.
Divisions : " Ayes " to stand, " Noes " to be seated, 6
Ditto to be recorded, 6.
Members may speak more than once to the same question, 6.
Motions — no seconder required, (i.
Ditto to bo discussed without notice, but motions of which notice
given to have precedence, 8.
Ditto to bo recorded, 6.
Order list and Notice Paper to be arranged by a Committee, 73 ; Circu-
lation of, 77.
Petitions, Presentation of, usual Parliamentary course to be followed, 9.
President to speak and vote, and in the event of an equality of votes
to have a casting vote, 6.
INDEX. 43 1
Rules and Orders Adopted — (continued).
Proceedings to be kept secret, 6.
Proposals to bo recorded, 6.
Questions to be decided by majority of votes, 6.
Quorum to consist of twelve members, 6.
Records to bo in custody of Chief Secretary during interval^between
Durban and Cape Town sessions, 71 ; to be treated as private and
confidential, '248 ; disposition and custody of, left to President, 273.
Resolutions, Amendment of, on consideration of Draft Act, 152-153.
Ditto Removal of, 29, 71, 150.
Ditto to be recorded, 6.
Speeches not to be recorded, 6.
Sittings, Hours of, 8, 72, 77, 114, 251.
Voting to be per capita and not by States, 6.
s.
Sauer, Hon. J. W., M.L.A.
Delegate for the Cape of Good Hope, 4.
Motions and amendments by :
Assembly, House of, Committee on constitution of, 43.
Capital, Situation of, 244 (w).
Finance Committee, Reference to, 125 (n).
Government, Executive in whom vested, 15 (iv).
Governor-General, Po wers of delegation, 17.
Ditto Powers t>f Governors vested in, 17.
Ditto Title of, 15 (n).
Laws, Franchise, qualifications, 59, 64 (w).
Members' Qualifications, Draft resolutions of Committee on, 94-98.
Ministers of State, Qualifications of, 15, 16 (n).
Native Affairs Committee, Reference to, 132 (c).
Provincial Councils, Executive Committees, 107.
Ditto Members allowances, 106.
Quorum, Eight members to form, 6 (w).
Senate, Constitution of, 31-33.
Ditto President's vote in, 41 (w).
Senators, Committee on number and election of, 35.
Ditto Number and mode of election, 36-37.
Ditto Qualifications of, 39-40.
South Africa Act, Draft, Amendments to, see " South Africa Act."
Ditto Instruction to drafting committee on, 219.
Union, Name of, 15 (w).
Petitions presented by, 25, 262.
Schreiner, Hon. W. P., K.C., C.M.G.
Message of congratulation from, 8.
Secretaries to Convention.
Appointment of E. F. Kilpin, C.M.G. (Chief Secretary), G. R. Hofmeyr,
A. M. N. de Villiers and G. T. Plowman, 3 ; J. M. Hershensohnn
(Acting Secretary for Natal), 251.
Votes of thanks to, 249, 273.
Secretary of State for the Colonies.
See " Colonies."
Securities.
See " Assets."
Selborne Dock.
Invitation to visit, 104 ; Motion for acceptance, Dr. Smartt, 104.
Selborne, H. E., the Earl of.
See " Transvaal, Governor of."
432 SOUTH AFRICAN NATIONAL CONVENTION, 1908 — '09.
Senate.
Constitution, number of senators, etc., Motion on, Gen. Smuts, 27-33 (d) ;
Amendments : Mr. Jagger, 28-33 (d) ; Mr. Merriman,
28 (w) ; Mr. Hyslop, 28-33 (d) ; Mr. Fischer, 29-33 (d) ;
The President, 20-33 ; Mr. Malan, 31-33 ; Dr. Beck,
31-32 (d); Col. Greene, 31-33 (w) ; Mr. Sauer, 31-33;
Sir George Farrnr, 31-32 (n) (w) ; Mr. Fischer, 33.
Ditto provincial representation, mode of election, etc., Committee
on, Motion for, Mr. Saucr, 35 ; Motion and amend-
ments on provincial representation referred, Mr.
Sauer, 35 ; Report, 30 ; Considered, 3C-37.
Ditto see also " Senators."
Dissolution of, Motion on, Mr. Malan, 54-56, 60-61 ; Amendments :
Mr. Walton, 54-55 (n) ; Mr. Merriman, 54-55 (n) ; Mr. Jagger,
54-55 (w); Mr. Hyslop, 55 (w). 55, 61 (w) ; Dr. Beck, 55-56 (n) ;
Gen. Hertzog, 55, 61 (w) ; Dr. Smartt, 61.
Money Bills, Powers regarding, Motion on, Gen. Smuts, 49-51 ; Amend-
ments : Mr. Jagger, 50 (w) ; The President, 50-51 ; Mr. Walton,
50-51 (d) ; Mr. Merriman, 50-51 (n) ; Mr. Jagger, 51 (n) ; Gen.
Smuts, 51.
President to be chosen from amongst Senators, Motion on, Gen. Smuts,
40 ; Amendments : Col. Stanford, 40 (w) ; Mr. Jagger,
40 (w) ; Mr. Walton, 40 ; Mr. Malan, 40 (n).
Ditto Vote of, Motion on, Mr. Fischer, 41 (w) ; Amendments : Mr.
Sauer, 41 (w) ; Gen. Smuts, 41.
Privileges and immunities of. Draft resolution of Committee considered,
98,
Questions in, how determined, Motion on, Mr. Fischer, 41 (ic) ; Amend-
ment, Gen. Smuts, 41.
Rules for, Draft resolution of Committee considered, 98 ; Amendment,
Mr. Walton, 98.
Rules of House of Assembly to apply at joint sitting, Motion on, Mr.
Walton, 98.
Rejection of proposed laws and amendments not accepted — joint sitting,
Motion on, Gen. Smuts, 52-54 ; Amendments : Mr. Merriman,
52-53 (w), 53-54 ; Mr. Jagger, 53.
Senators.
Disqualifications for, Motion on, Mr. Jagger, 73-74 (u-) ; Amendments :
Mr. Browne, 74 (w) ; Mr. Hull, 74-77; Mr. Fischer, 75; Dr. Beck,
75 (n) ; Mr. Walton, 75-76 ; Col. Greene, 75 ; Gen. Smuts, ~ •> ; Mr.
Merriman, 76 (n) ; Amendments on office of profit and creation of
vacancies referred to Committee on qualifications of members, Col.
Greene, 76 ; Draft resolutions of Committee considered, 94-96 ;
Amendments : Mr. Jagger, 94 (n) ; Dr. Smartt, 94 (n) ; Mr. Hull,
94 (d) ; Mr. Jagger, 94-95 (w) ; Col. Greene, 95 (»•).
Election of, Motion on power of delegates to London, to frame rules
for, The President, 272.
Nominated, Motion on period for which nominated. Mr. Malan. 41 ;
Amendment : Dr. Smartt, 41.
Number of, for each province and m do of election or nomination,
Motion on, Gen. Smuts, 33-35; Amendments: Mr.
Jagger, 33-35 ; Sir Perci/ Fitzpatrick, 33-35 ; Mr.
Merriman. 33-34 (w) ; Mr. Fischer, 34-35; Mr.
Brotme, 34-35 ; Mr. Lindsay, 34-35 ; Dr. Smartt,
34-35 ; Motion and amendments referred to Com-
mittee on Constitution of Senate, Mr. Saucr, 35 ;
Draft resolution of Committee considered, 30-37 ;
Amendments : Mr. Hyslop, 370 ; Mr. Saucr, 370 ;
Gin. Smuts. 0-37.
Ditto for the Union. Motion on. Gin. Smuts, 27-33 (d) ; Amend-
ments : Mr. Jagger. 2S-33 (d) ; Mr. Merriman. 28 (>/•) ;
Mr. Hi/slop, 28-33 (</) ; Mr. Fischer, 29-33 (d) ; The
President, 29-33; Mr. Malan. 31-33; Dr. Beck,
31-3i' (d) ; Col. Greene. 31-33 (w) ; Mr. Saurr, 31-33;
Sir G(orgc Farrar, 31-32 (n). (w) ; Mr. Fisher, 33.
Ditto laws as to decrease, Motion on, Mr. Hyslop, 37-38 (n).
INDEX. 433
Senators— (continued).
Oath or Affirmation of allegiance, Form of, Motion on, Mr. Jogger, 133.
Office of Profit, Definition of, SKK " Disqualifications."
Payment and deductions for absence, Draft resolution of Committee
considered, 90-98 ; Amendments : Mr. Hull, 96-97 ; Mr. Walton,
96 (//) ; Mr. Jat/i/er, 96 (,l) ; Mr. Mrtlftn, !)(5-97 ; Dr. Heck, 96-97 (n) ;
Mr. F'/nchcr, 9(5 (d) ; Mr. Jat/r/i-r, !>7.
Pecuniary interest. Motion for Committee on, Mr. Lindsay, 95 (w>).
Qualifications etc., Motion for Committee on, Col. Greene, 75 (w), 76 ;
Amendments on office of profit and creation of
vacancies referred, Col. Greene, 76; Report, 81-82;
Considered, 94-98.
Ditto Motion on, Gen. Smuts, 38-40: Amendments: Mr. J agger,
38 : Dr. *,,>"rt 3 -.-39 (") : A/>. F'^h r. 38 (-/•) ; ro; Greene,
3S-39: AT-. Li.ulx'ii/, 39; /V. #«<<•£, 39; Afr. ,SWr, 39-40.
Ditto see a/so " Franchise."
Sitting when disqualified, Penalty, Draft resolution of Committee con-
sidered, 95 ; Amendments : Mr. Malan, 95 ; Mr. Hull, 95.
To bo persons of European descent, Motion on, Col. Greene, 24-27 (c) ;
Draft resolution of Committee considered, 59, 66, .see also " Senators
Qualifications."
Vacation of seats, see " Senators' Disqualifications."
Sessions of Parliament.
To bo held annually, Motion on, Mr. Jagf/er, 77.
Sittings, Hours of.
See " Rules and Orders."
Shipping Lines, Conference.
Statement by Mr. Hull on position of South African Governments with,
Sishuba, J. A.
Petition from, on clauses in draft Act relating to coloured people, 262.
Smartt, Hon. Dr. T. W., M.L.A.
Delegate for the Cape of Good Hope, 3.
Motions and amendments by :
Appeals to King-in-Council, 123 (n).
Capitals not chosen as Union Capital, Financial relief to, 172 (c).
Civil Servants, and language disabilities, 132.
Drafting Committee, instruction to, 247.
Governor-General's recommendation on appropriation or taxation
laws, 51 (n).
Members, Number of. Readjustment of. 47 (w).
Ditto Office of Profit, 94 (n).
Provincial Councils, Executive Committees. 107-108.
Ditto Legislative powers regarding municipal institu-
tions, etc., SI.
Railway arid Harbour Board. Construction of non-payable works, 167
Ditto Gratuitous services. 188 (/c).
Railways and Harbours. Vesting of in. Union. 105.
Senate, Dissolution of, 61.
Senators, Nominated. Period for which nominated. 41.
Ditto Number and mode of election, etc., 31-35 (<:).
Ditto Qualifications df, 38-39 (/()•
South Africa Act. Amendments to. nee " South Africa Act."
Territories. Alienation of land in, 149 (n)
Union, Name of, 15 (ic],
Smith, Adam.
Message of congratulation from,
434 SOUTH AFRICAN NATIONAL CONVENTION, 1908 — '09.
Smuts, Gen. the Hon. J. C., M.L.A.
Delegate for the Transvaal, 4.
Motions and amendments by :
Assembly, House of, Constitution of, 41-43 (c).
Ditto Ditto Period of existence of each, 48.
Ditto ditto Title of, 18-19 (n).
Civil Service Commission, Re-organisation, 131-132 (d), 132.
Civil Service, etc., Committee on, 125.
Consolidated Revenue Fund, Formation of, 163 (w).
Drafting Committee, Appointment of, 143.
English Proportional Representation Society, Vote of thanks to
Secretary, 274.
Executive Council, Establishment of, 14-15,
Executive Government, in whom vested, 14-15.
Existmg Powers, in .whom vested. 14-17.
Expenditure and borrowing powers. 273 (w}.
Finance Committee, Appointment of, 114,
Ditto References to, 257-258.
Financial Relations Commission, Appointment of, 164, 164.
Franchise Committee, Reference to, 62.
Franchise, Women's, 143, 151-152 (w).
Judges, Appointment, etc., 122.
Justice, Committee on Administration of, 63 (n).
Laws, Electoral, etc., Continuance of, 26-27 (c), 48, 59-60 (w), 69 (w).
Ditto General. Continuance of. 49.
Ditto Money and powers of Senate, 49-51.
Ditto rejected by Senate, joint sitting, 52-54.
Liabilities, etc., vested in Union, 165 (w).
Members, Number of, Readjustment of, 46-47 (w).
Ditto Qualifications for, 49, 60, 69-70.
Ministers of State, Appointment, number and offices, 14-17.
Native Affairs Committee, Appointment of, 125.
Orpen, J. M., C.M.G., Distribution of letter from, 9.
Proceedings, Minutes of, to be treated as confidential, 248.
Properties of Colonies vested in Union, 165.
Provincial Administrators, Appointment, etc., 109.
Provincial Councils, Administrative powers vested in, 116 (d).
Ditto Committee on constitution of, 87-88 (w), 89-90.
Ditto Executive Committees, 107-108.
Ditto Legislative powers of, 78 (d).
Ditto Matters not delegated to, 109.
Ditto Members, election of, 105.
Ditto ditto Number of, 105.
Ditto Officers, Appointment of, 110, 113.
Ditto Recommendations of, to Parliament, 113.
Provincial Revenue Fund-, Formation of, 182.
Quorum, Twelve members to form, 6.
Railway and Harbour Board, Construction of non-payable works,
167.
Ditto Formation of, 165.
Railways and Harbours, Administration of, 166.
Secretaries and Legal Advisers, Votes of thanks to, 249, 273-274.
Senate, Constitution of, 27-33 (d).
Ditto President of, 40.
Ditto Voting and President's vote, 41.
Senators, Number, and mode of election, etc., 33-35 (c), 36-37.
Ditto Qualifications of, etc., 38-40.
Sittings, Hours of, 8, 251.
South Africa Act, Draft, Amendments to, see " South Africa Act.'r
Ditto ditto Precis of, Committee on, 235.
Ditto ditto Procedure after publication, Committee
on, 235.
Ditto ditto Transvaal amendments at Bloemfontein,
25 1-253.
Supreme Court, Constitution of, 70.
INDEX. 435
Smuts, Gen. the Hon. J.C., M.L.A. — (continued).
Territories, Appeals from, 150.
Ditto Commission for administration of, 146, 146.
Ditto Duties, customs and excise, 149 (w), 149.
Ditto Laws for, after transfer, 145 (n).
Ditto Revenue and expenditure, 147-149.
Union, Proclamation and taking effect of, 129, 129.
Smythe, Hon. C. J , M.L.A.
Delegate for Natal, 4.
Motions and amendments by :
Colonies, Precedence of, in. proceedings, 28.
Convention, Adjournment of, 128, 134, 138 (d).
Provincial Councils, Executive Committees, 108 (w), 109.
South Africa Act, Draft, Amendments to, see " South Africa Act."
Voters. Qualifications of, 65 (n).
Sons of England Society.
Message of congratulation from, 9.
South Africa Act, Draft (Amendments to Clauses*)
Cape Town Session.
Preamble.
Greene, Col. 223-224 (n)
Jagger, Mr. 223-224 (n)
Malan, Mr. 237
Clause Four (4) Proclamation of Union.
Drafting Committee . . . . . . . . . . 224
Fitzpatrick, Sir Percy 154, 159 (n)
Hyslop, Mr. . . . . . . . . . . . . 154
Clause Five (5) Commencement of Act.
Hyslop, Mr. 154
Clause Six (6) Incorporation of Colonies into Union.
Fischer, Mr. . . . . . . . . . . . . 159
Clause Seven (8) Executive power.
Drafting Committee . . . . . . . . . . 224
Clause Nine (10) Salary of Governor-General.
Hyslop, Mr. 159
Sauer, Mr. 159
Clause Ten (11) Application of- Act to Governor-General.
Browne, Mr. . . . . . . . . . . . . 160
Clause Eleven (12) Executive Government.
Drafting Committee . . . . . . . . . . 2'24
Clause Thirteen (14) Appointment of Ministers.
Beck, Dr " 160 (n)
Clause Fourteen (15) Appointment and removal of officers.
Jagger, Mr. . . . . . . 160(u')
Clause Fifteen (16) Transfer of Executive powers to Gpvernor-General-
in-Council.
Drafting Committee . . . . . . . . . . 224
Clause Sixteen, New (18) Seat of Government.
Smuts, Gen. . . . . 245
Clause Seventeen (19) Legislative power.
Drafting Committee . . . . . . . . . . 224
Malan, Mr. . . . . . . 237
Clause Twenty, New (23) Seat of Legislature.
Smuts, Geii. . . . . . . . . . . . . 245
Heading " The Senate."
The President 233
436 SOUTH AFRICAN NATIONAL CONVENTION, 1908 — '09.
South Af.ica Act, Draft (Amendments to Claus3s*)— (continued).
Cape, Town Session — (continued).
Clause Twenty-one (24) Original constitution of Senate.
Beck. Dr 213 (n),r.214-216(to>
Drn ft ing Committee 232"
Fnrrnr, Sir George .. .. .. .. .. 216 (n)
Fitzpatriek. Sir Percy . . 212 (n), 212-213 (n), 213, 214, 214 (n)
Hyslop, Mr. 213 (n)
Jagger, Mr. . . . . . . . . . . . . 214 (n)
Malnn, Mr. 213. 232
Smuts, Gen 214, 215 (w), 215 (n)
Clause Twenty-two (25) Subsequent constitution of Senate.
Drafting Committee . . . . . . . . . . 232
Fitzpatrick, Sir Percy . . . . . . . . . . 232
Malan, Mr. 232
Smuts. Gen. 217
Clause Tu-cnty-three (26) Qualifications of Senators.
Drafting Committee . . . . . . . . . . 224
Greene. Col 218 (w)
Hertzog, Gen 161
Malan, Mr. 161
Smuts, Gen 161 (d), 218
Stanford, Col 161 (n)
Clause Twenty-five (28) Deputy President.
Walton, Mr. „. «. «. „ 161
Clause Twenty-six (29) Resignation of Senators.
Malan, Mr. 217
Merriman, Mr 233
Smuts, Gen 161,217
Clause Twenty-seven (30) Quorum.
Walton, Mr 161-162 (n)
Clause Thirty (33) Original number of members.
Jameson, Dr. . . . . . . . . . . . . 234
Smuts, Gen 208
Clause Thirty-one (34) Increase of number of members.
Drafting Committee 207-208
Fischer/ Mr. 162, 234, 237 (d)
Greene. Col. 208 (w)
Hyslop, Mr 207-208 (w)
Jagger, Mr. 162
Malan, Mr. 208 (w), 208, 237
Smuts, Gen. 237
Watt. Mr 207 (n), 237 (n)
Claiise Thirty-three (35) Qualifications of voters.
Malan, Mr. 162,|220, 222-223 (w)
Clause Thirty-five (35) Qualifications of voters.
Lindsay. Mr. .. .. .. .... .. 162
Watt, Mr 162
Clause Thirty-six (37) Elections.
Draftinc Committee . . . . . . . . . . 224
Jagger, Mr. 162-163
Smuts, Gen. .. .. 162
Watt, Mr 162-163 (w
Clause Thirty-seven (negatived).
Drafting Committee . . „ . . . . . . 224
Clause Thirty-eight (negatived).
Drafting Committee 209, 224
Clause Thirty-nine (38) Commission for delimitation of ^electoral divisions.
Drafting Committee . . . . 200. 225
Malan, Mr. 163, 174
INDEX. 437
South Africa Act, Draft (Amendments to Clauses *) — (continued).
Cape Town Session — (continued).
Clause Forty-turn (41) Alteration of electoral divisions.
Convention . . . . . . . . . . . . 248
Drafting Committee 209
Fischer, Mr. .. .. .. .. .. .. 174
Hyslop, Mr. 174
President, The . . . . . . 174
Clause Forty-three (42) Powers and duties of Commission for delimiting
electoral divisions.
Drafting Committee .. .. .. .. .. 225
Hort/.og, Con. .. .. .. .. .. .. 175
Jaggor, Mr. 175
Miiliin, Mr. 174
Clause Fort't-four (43) Date from which alteration of electoral divisions
ti> take effect.
Drafting Committee .. .. .. .. .. 225
• Clause Forty- fire (44) Qualifications of members of House of Assembly.
Malan, Mr. 175
Smuts. (!cn. 175
Clause Forty-si.!- (45) Du. ation.
President, The .. .. .. .. .. .. 175
Clause Forf!/-c/'/ht (41) Deputy Speaker.
Walton, Mr 175
Clause Forty-nine (48) Resignation of members.
Drafting Committee . . . . . . . . . . 232 (n)
Jaggor, Mr. . . . . . . . . . . . . 175 (n)
Merriman, Mr. . . . . . . . . . . . . 232
Clause Fifty (49) Quorum.
Jagger, Mr. . . . . . . . . . . . . 175 (n)
Clause Fifty-one (50) Voting in House of Assembly.
Drafting Committee . . . . . . . . . . 225
Clause Fifty-four (53) Disqualifications for being a member of either
House.
Beck, Dr 176 (w)
Hertzog, Gen 176
Hull, Mr 176
Jagger, Mr. . . . . . . . . . . . . 175 (n)
Malan, Mr. . . . . . . . . . . . . 176
Smartt, Dr. 176
Smuts, Gen. 176
Clause Fifty-four, (A) New (72) Application of sections 53 to 55 to pro-
vincial councillors.
Malan, Mr. 176
Drafting Committee . . . . . . . . . . 225
Clause Fifty-five (54) Vacation of seats.
Drafting Committee 225
Hertzog. Gen. . . . . . . . . . . . . 177
Jaggor. Mr. . . . . . . . . . . . . 177 (n)
Clause Fifty-six (55) Penalty for sitting and voting when disqualified.
Drafting Committee . . . . . . . . . . 225
Smuts, Gen. . . - - • • • • • • - • 177
Clause Fifty-seven (5(3) Allowances of members.
Hyslop, Mr. 177
Clause Fifty-ei'fht (57) Privileges of Houses of Parliament.
Drafting Committee
Jagger. Mr. . . . . . . . . . . . . 17'
4.38 SOUTH AFKICAN NATIONAL CONVENTION, 1908 — '09.
South Africa Act, Draft (Amendments to Clauses *)— (continued).
Cape Town Session — (continued).
Clause Fifty-nine (58) Rules of procedure.
Drafting Committee . . . . . . . . . . 225
Smuts, Gen. 177
Clausc\Si.cty-one (60) Money Bills.
Hyslop, Mr. 209
Jagger, Mr. 209 (n)
Walton, Mr. 209 (n)
Clause Sixty-three (62) Recommendations of money votes.
Smartt, Dr. Ill (n)
Clause Sixty- four (63) Disagreements between the two Houses.
Drafting Committee 209-210
Malan, Mr. 209-210 (n), 238 (n)
Smuts, Gen. 178
Clause Sixty-eight (67) Signature and enrolment of Acts.
Drafting Committee . . . . . . . . . . 225
Clause Sixty-nine (68) Appointment and tenure of office of provincial
administrators.
President, The 178
Clause Seventy-one (70) Constitution of provincial councils.
Drafting Committee . . . . . . . . . . 225
Smuts, Gen. 179
Clause Seventy-two (71) Election of provincial councillors.
Drafting Committee . . . . . . . . . . 225-226
Malan, Mr. 237
Clause Seventy-three (72) Application of sections 53 to 55 to provincial
councillors.
Smuts, Gen. 179
Malan, Mr. 237
Clause Seventy-five (74) Sessions of provincial councils.
Drafting Committee . . . . . . . . . . 226
Smuts, Gen. 179
Clause Seventy-six (75) Chairman of provincial councils and rules or
procedure.
Smuts, Gen. 179
Clause Seventy-eight (77) Freedom of speech in provincial councils.
Drafting Committee 226
Fitzpatrick, Sir Percy . . . . . . . . . . 179 (n)
Jagger, Mr. . . . . . . . . . . . . 179 (w)
Clause Seventy-nine (78) Provincial executive committees.
Drafting Committee . . . . . . . . . . 226
Smuts, Gen. 179
Clause Eighty (79) Right of administrator, etc., to take part in proceedings
of provincial council.
Malan, Mr. 179
Clause Eighty-one (80) Powers of provincial executive committees.
Drafting Committee . . . . . . . . . . 226
Clause Eighty-two (81) Transfer of powers to provincial executive com-
mittees.
Drafting Committee . . . .• . . . . . . 226
Jagger, Mr. 179-180 (w)
Watt, Mr 181 (n)
Clause Eighty-three (82) Voting in executive committees.
Hyslop, Mr. 180 (n)
Van Heerden, Mr. . . . . . . . . . . 218 (n)
INDEX. 439'
South Africa Act, Draft (Amendments to Clauses +)— (continued).
Cape Town Session — (continued), *Q
Clause Eighty-four (83) Appointment of officers by executive committees,
Greene, Col 192-193
Smuts, Gen 234-235
Clause Eighty-six (85) Powers of provincial councils.
Malan, Mr. 181 (n), 238 (n)
Smuts, Gen V'P181 (w)
Clause Eighty-nine (88) Power to deal with matters proper to bo dealt
with by private bill legislation.
Drafting Committee . . . . . . . . . . 226
Lindsay, Mr 181-182 (w)
Clause Ninety (89) Constitution of provincial revenue fund.
Browne, Mr 182
Drafting Committee . . . . . . . . . . 226
Jagger, Mr. 182 (w)
Smuts, Gen. 182-183'
Walton, Mr 182 (w)
Clause Ninety-two (91) Effect and enrolment of ordinances.
Drafting Committee . . . . . . . . . . 226
Hertzog, Gen 235
Heading " Miscellaneous."
Watt, Mr 183
Clause Ninety-three (92) Audit of provincial accounts.
Malan, Mr. 237
Clause Ninety-four (93) Continuation of powers of divisional and municipal
councils.
Beck, Dr 183 (w)
Malan, Mr. 183 (n)
Clause Ninety-four A (94) Seats of provincial Government.
Smuts, Gen. 245
Clause Ninety-five (95) Constitution of Supreme Court.
Drafting Committee . . . . . . . . . . 226
Clause Ninety-eight (98) Constitution of provincial and local divisions of
Supreme Court.
Hull, Mr 184 (n)
Malan, Mr. . . . . . . 237
President, The 234
Smuts, Gen. 184
Clause One hundred (109) Appointment and remuneration of judges.
Drafting Committee . . . . . . . . . . 226
Clause One hundred and three (103) Appeals to Appellate Division.
Drafting Committee . . . . . . .... 226
Clause One hundred and four (104) Existing Appeals.
Drafting Committee . . . . 220, 233
Clause One hundred and five (105) Appeals from inferior courts to pro-
vincial divisions.
Drafting Committee . . . . . . . . . . 226-227
Smuts, Gen 184
Clause One hundred and seven (107) Rules of procedure in Appellate
Division.
Drafting Committee . . . . . . . . . . 227
Clause One hundred and eight (108) Rules of procedure in provincial
and local divisions.
Drafting Committee . . . . . . . . . . 227
Smuts, Gen. . . . . . . . . . . . . 185
Clause One hundred and nine (109) Place of sittings of Appellate Division.
Convention . . . . . . . . . . . . 245
Clause One hundred and eleven (111) Jurisdiction of Appellate Division.
Drafting Committee . . . . . . . . . . -227
"The numbers of c'auses printed in italics are as contained in Appendix E and the
numbers within brackets indicate the corresponding sections of the South Africa Act as
promulgated.
440 Soi TII AFKICAX NATIONAL COXVENTIOX, 1908 — '09.
South Africa Act, Draft (Amendments to Clauses'") — (continued).
Cape Toun Session — (continued).
Clause One hundred and fifteen (115) Advocates and attorneys.
Drafting Committee 227
Malan, Mr. 237
Smuts, Gen. 185, 185
Steyn, Mr. 185 (n)
Clause One hundred and sixteen (116) Pending suits.
Drafting Committee, 227
Watt, Mr 186
Finance Clauses (following Clause One hundred and sixteen;.
Finance Clause One (117) Constitution of Consolidated Revenue Fund
and Railway and Harbour Fund.
Drafting Committee . . . . . . . . . . 210
Finance Clause Two (118) Commission of inquiry into financial relations
between Union and provinces.
Drafting Committee . . 210, 228
President, The 210
Finance Clause Three (negatived).
Drafting Committee . . . . . . . . . . 210
Finance Clause Four (119) Security for existing public debts.
Drafting Committee 210
Jagger, Mr. .. .. .. .. .. .. 210 (w)
Finance Clause Five (negatived).
Drafting Committee . . . . . . . . . . 210
Finance Clause Six (120) Requirements for withdrawal of money from
fluids.
Drafting Committee .. .. .. .. .. 210
Finance Clause Seven (121) Transfer of Colonial property to the Union.
Drafting Committee 210, 228
Finance Clause Eight (122) Crown lands, etc.
Drafting Committee 210, 228
Finance Clause Xine (123) Mines and minerals.
Drafting Committee 210, 228
Malan, Mr. 238 (w)
Finance Clause Ten ( 124) Assumption by Union of Colonial debts.
Drafting Committee 210, 228
Finance Clause Eleven (125) Ports, harbours and railways.
Drafting Committee 210, 228
Finance Clause Tirclvc (12(i) Constitution of Railway and Harbour Board.
Drafting Committee . . . . . . . . . . 210
Jagger, Mr. 210
Finance Clans,; 7 hirtcoi (127) Administration of railways, porls and
harbours.
Bock. Dr '211 (w)
Drafting Committee .. .. .. .. .. 210 211
Fnrrar. Sir George 210-211.210
c ivene, Col 211. 219 (w)
.Mull, Ivlr 233 (n)
President. Tlu> 233
Smut.-. Con 21 1 (ir). 233-234 (n)
Finance Clause Fourteen (128) Establishment of fund for maintaining
uniformity of railway rates.
Draftini: Committee .. .. .. .. .. 211
.Mull. Mr 211
Jai-'ger, Mr. -Jll(if)
INDEX. 441
South Africa Act, Draft (Amendments to Clauses*) —(continued).
Cape Town Session — (continual).
Finance Clause Fifteen (129) Management of railway and harbour
balances.
Drafting Committee
Malan, Mr. ~ 237
Finance Clause Sixteen ( 130) Construction of harbour and railway works.
Drafting Committee
President, The .. .. .. .. .. .. 211
Finance Clauxr Seventeen (131) Making good of deficiencies in railway
a;;d li;irbo ;r fund in certain cases.
Drafting Committee .. .. .. .. .. 211
Farrar, Sir George . . . . . . . . . . 211
Malan. Mr. 237
Finance Clause Eighteen (132) Controller and Auditor-General.
Drafting Committee 212,229,233
Malan, Mr. 237
Walton, Mr 233
Finance Clause Nineteen (133) Compensation of colonial capitals for
diminution of prosperity.
Book, Dr 212
Drafting Committee . . . . . . . . . . 247-248
Farrar, Sir George . . . . . . . . . . 212
Jagger, Mr. 248 (n)
Malan, Mr. 237
Smuts, Gen 246-247 (w)
Van Heerden, Mr. 240-247 (d)
Clause One hundred and seventeen (negatived).
Convention . . . . . . . . . . . . 248
Clause One hundred and eighteen (135) Continuation of existing colonial
laws.
Malan, Mr. 238
Clause One hundred and Nineteen, New (134) Method of voting for
Senators, etc.
Drafting Committee . . . . . . . . . . 227
The President 233
Clause. One hundred and twenty (138) Naturalisation.
Malan, Mr. . . ' 191 (w)
Clause One hundred and twenty one (139) Administration of Justice.
Fischer, Mr 191 (w)
Malan, Mr. 238 (n)
Walton, Mr 191 (w)
Watt, Mr 191
Clause One hundred and twenty-two (140) Existing officers.
Fischer, Mr .. 191-192 (n)
Smuts, Gen. 191 (w), 191-192
Clause One hundred and twenty-three' (141), Commission for reorgani-
sation of public departments.
Drafting Committee 227, 233
Greene, Col 192
Malan, Mr. 192, 233
Clause One hundred and twenty-five (143) Pensions "of existing officers.
Merriman, Mr. . . . . . . , . . . . . . 193-
Clause One hundred and twenty-six (144) Tenure ofj.ollice of existing
officers.
Merriman. Mr 193-
Clause One hundred and twenty-seven (145) Existing oiHcers not to be
dismissed for ignorance of English or Dutch.
Drafting Committee .. .. ... .. .. 227
Greene, Col. 193
442 SOUTH AFRICAN NATIONAL CONVENTION, 1908 — '09.
South Africa Act, Draft (Amendments to Clauses*) — (continued).
Cape Town Session — (continued).
Clause One hundred and twenty-eight (146) Compensation to existing Parlia-
mentary officers who are not retained.
Drafting Committee 227
Smuts, Gen. 193
Clause One hundred and twenty-nine (147) Administration of native
affairs, etc.
Greene, Col. 193
Heading " Treaty Rights."
Smuts, Gen. 193
Clause One hundred and thirty-one (149) Alteration of boundaries of
provinces.
Drafting Committee 227, 228
Clause One hundred and thirty-two (150) Power to admit into Union
territories administered by British South Africa Co.
Malan, Mr. 238
Clause One hundred and thirty-three (151) Power to transfer to Union
Government of native territories.
Convention . . . . . . . . . . . . 248
Malan, Mr. 238
Merriman, Mr. . . . . . . . . . . . . 193
Heading " Amendment of constitution."
Convention . . . . . . . . . . . . 245
Clause One hundred and thirty-four (152) Amendment of Act.
Hyslop, Mr. 193 (d), 220-221 (n)
Malan, Mr. 238
Smuts, Gen 235
Watt, Mr) 220 (n)
Schedule.
Para. (1).
Drafting Committee . . . . . . . . . . 228
Para (4).
Drafting Committee . . . . . . . . . . 228
Para (7).
Drafting Committee . . . . . . . . . . 228
Para. (8).
Drafting Committee . . . . . . . . . . 228
Para. (11).
Malan, Mr. 238
Para (12).
Drafting Committee . . . . . . . . . . 228
Jagger, Mr. 193, 194 (n)
Smartt, Dr. 193-194 (n)
Para. (13).
Drafting Committee . . . . . . . . . . 228
Para. (14). *
Smartt, Dr. 194-195 (w)
Para. (19).
Malan, Mr. 221-222
President, The 222
Para. (21).
Drafting Committee 228
Para. (22).
Gen. Hertzog . . . . . . . . . . . . 195
Para. (23).
Malan, Mr. 238
Para. (25).
Drafting Committee . . . . . . . . . . 228
1 Tin; mim'bers of clauses printed in italics are as contained in Append'x E and the
number* within brackets indicate the corresponding section-* of the South Africa Act us
promulgated.
INDEX. 443
South Africa Act, Draft (Amendments to Clauses!)— (continued)
liloemfontein Session
Clause Six (6) Incorporation of Colonies into the Union.
Smuts, Gen. 253
Clause Twenty-three (24) Original constitution of Senate.
Merrirnan, Mr. . . . . . . . . . . . . 253 (n)
Smuts, Gen. 253
Clause Twenty-five (26) Qualifications of Senators.
Fitzpatrick, Sir Percy . . . . . . . . . . 271 (w)
Clause Twenty-six (27) Appointment and tenure of Office^of President.
Smuts, Gen. . . . . . . . . . . t . 253
Clause Thirty-two (33) Original number of members.
Hyslop, Mr -r^ 253
Smuts, Gon 254-255 (n), 271
Clause Thirty-three (34) Increase of number of members.
President, The 253
Clause Thirty- ftve (35) Qualifications of voters.
Merrirnan, Mr. . . . . . . . . . . . . 254 (n)
Smuts, Gen. 253
Clause Thirty-seven (37) Elections.
Bock, Dr 271 (n)
Malan, Mr. 271
Smuts, Gen. 264
Clause Thirty-eight (38) Commission for delimitation of electoral divisions.
President, The 254
Clause Thirty-nine (39) Electoral Divisions.
President, The 261
Clause Forty (40) Method of dividing provinces into electoral divisions.
Fischer, Mr. 255-257, 260 (w)
President, The 256-257, 260-261
Clause Forty- two (42) Powers and duties of commission for delimiting
electoral divisions.
Smuts, Gen. 266-267
Clause Forty-six (46) Appointment and tenure of office of Speaker.
Smuts, Gen. . . . . 261
Clause Fifty-three (53) Disqualifications for being a member of either
House.
President, The 261
Sauer, Mr. . . . . . . . . . . . . 261
Watt, Mr. . . • 261
Clause Fifty-six (56) Allowances of members.
Furrar, Sir George . . . . . . . . . . 261
Greene, Col 262 (n)
Smuts, Gen. . . . . . . . . . . . , 261
Clause Sixty-four (64) Royal assent to bills.
President, The 262, 262
Smuts, Gen 271, 271
Clause Seventy (70) Constitution of provincial councils.
Smuts, Gen 262
Clause Seventy-three (73) Tenure of office by provincial councillors.
Merriman, Mr. . . . . . . . . . . . . 262 (n)
Clause Seventy-five (75) Chairman of provincial councils and rules of
procedure.
Smuts, Gen. 262
Clause Seventy-eight (78) Provincial executive committees.
Jagger, Mr. . . . . . . . . . . . . 263
Clause Eighty-two (82) Voting in executive committees.
Hyslop, Mr. 262-263 (w)
Clause Eighty-five (85) Powers of provincial councils and rules of pro-
cedure.
Farrar, Sir George 271-272 (w)
Smuts, Gen. 26$
Clause Ninety-five (95) Constitution of Supreme Court.
Smuts, Gen. . . . . . . . . . . . . 263
tThe numbers of clauses printed in italic-* are a* contained in Appendix F and the
numbers within brackets indicate the corresponding sections of the South Africa Act a--
promulgated.
444 SOITII AFHICAX NATIONAL CONVENTION, 1908— '09.
South Africa Act, Draft (Amendments to Clauses t)— (continued),
Bloemfontein Session — (continued).
Clause Ninety-six (96) Appellate Division of Supreme Court.
President, The 263-264
Clause Ninety-seven (97) Filling of temporary vacancies in Appellate
Division.
President, The 264
Clause Ninety-eight (98) Constitution of provincial and local divisions of
Supreme Court.
Smuts, Gen. . . . . . . . . . . . . 264
Clause Ninety-nine (99) Continuation in office of existing judges.
Smuts, Gen. . . 264
Clause One hundred and three (103) Appeals to Appellate division.
Hull, Mr 264-265 (n)
President, The 272
Smuts, Gen. . . .... 264-265
Watt, Mr 272
Clause One hundred and four (104) Existing appeals,
Watt, Mr i 272
Clause One hundred and five (105) Appeals from inferior courts to pro-
vincial divisions.
President, The 272
Clause One hundred and seven (107) Rules of procedure in Appellate
Division.
Watt, Mr. 272
Clause One hundred and eight (108) Rules of procedure in provincial and
local divisions.
President, The 265
Clause One hundred and nine (109) Place of sittings of Appellate Division.
Watt, Mr 272
Clause One hundred and twelve (112) Execution of processes of provincial
divisions.
Sauer, Mr. 265 (n)
Clause One hundred and thirteen (113) Transfer of suits from one pro-
vincial or local division to another.
Merriman, Mr. . . . . . . . . . . . . 265
Clause One hundred and fourteen (114) Registrar and officers of Appellate
Division.
Smuts. Gen 265
Watt, Mr 272
Clause One hundred and eighteen.
Sauer, Mr. 266 (w)
Clause One hundred, and nineteen (negatived).
Finance Committee . . . . . . . . . . 258-259
Clause One hundred and twenty (119) Security for existing public debts.
Finance Committee . . . . . . . . . . 258-259
Clause One hundred and twenty-one (negatived).
Finance Committee . . . . . . . . . . 258-259
Clause One hundred and tw nty-six (negatived).
Finance Committee . . . . . . . . . . 258-259
Clause One hundnd and twenty-six, New (124) Assumption by Union of
Colonial Debts.
Finance Committee . . . . . . . . . . 258-259
Clause One hundred and, twenty-eight (120) Constitution of Railway and
Harbour Board.
Jagcer, Mr. . . 266 (7?)
Watt, Mr 266 (n)
Clause One hundrcrl and twenty-nine (127) Administration of railways,
ports and hnrbours.
Finance Committee . . . . . . 266
Greene. Col 266 (w)
Jameson. Dr. .. .. .. .. .. .. 266 (w)
Srnuts. (Jen. 266
f Tin- number- m ci'.u-is primed in iialic- are ;i> conia'.r.ed in Appendix !•" and the
number within bnn-k";< indicale ilie corre-p.mdiny sections of the South Africa Act as
promulgated.
INDEX. 44.3
South Africa Act, Draft (Amendments to Clauses t) — (continued).
Illoe/nfon/cin Sexxion — (continued).
Clause One hundred and thirty (128) Establishment of fund for maintain-
ing uniformity of railway rates.
Smuts, Gon. ............ 266
Clause One hundred and thirty-five (133) Compensation of colonial capitals
for diminution of prosperity.
Hyslop, Mr. ............ 266 (n)
Clause One hundred and thirty-six (134) Method of voting for Senators, etc.
Hyslop, Mr. ............ 267 (n)
Merriman, Mr. . . . . . . . . . . . . 267
Smuts, Gen. ............ 272
Clause One hundred and thirty-seven. New (130) Free trade throughout
Union.
Finance Committee . . . . . . . . . . 268
Clause One hundred and thirty-nine (138) Naturalisation.
Smuts, Gon. . . . . . . . . . . . . 267
Clause One hundred and forty (13!)) Administration of Justice.
President, The . . ' .......... 207-268
Smuts, Gen. .......... 267 (w), 267-268 (n)
Clause One hundred and forty- five (144) Tenure of office of existing officers.
Smuts. Gen. . . .......... 269
Clause One hundred and forty-eight, New (negatived).
Moor, Mr. .. . .' .. .' ..... '21)9 (n)
Clause One hundred and forty-nine (148) Devolution on L'nion of rights
and obligations under conventions.
Greene, Col. " .......... 209 (w), 209-270
Clause One hundred and forty-nine A, New (negatived).
Smuts, Gen. . . . . . . . . . . . . 257(c)
Finance Committee . . . . . . . . . . 208
Schedule.
Para. (18). 271
Smytho. Mr.
In England.
See Appendix K., pages 300-304.
South Africa Act, Draft (Committees on;u
Drafting Committee.
Appointed, Gen. Smuts, 143. 1-32, 222-223 ; Chairman's statement
on work of, 151. 224; Draft Act brought up • Appendix E, pages
282-311], 152; Clause 3:) referred back. Sir Percy Fitzpatrick,
174; Clause 42 referred bu.^k, (!e/i. Smuts, 174; Clauses 31,
37, 38, 04 and 134 referred back, Gen. Smuts and Mr. Fischer,
190, 193; Finance resolutions referred Gen. Smuts. 190;
First Report, 200-200 ; Considered. 207-212 ; Clauses 21 and 22
referred back. Gen. S'tiuts. 217 ; Instruction to make alterations
in phraseology, etc.. Mr. Saner. 219; Clause 33 and motion on
women's franchise to be referred (objected to). Mr. Malan,
220; Amendments proposed on recommendation of draftsmen
considered in anticipation.. 224-229 ; Second Report. 229-232 ;
Considered, 232-233; instruction to draft clause on compen-
sation to provincial capitals. Dr. Smartt. 247 ; Draft clause
brought up, 247 ; Considered, 247-248.
Precis of Constitution.
Appointed, den. Smuts. 235; Report, 239-243.
Procedure after publication.
Appointed. (l<n. Botha, 200; Report, 200; Considered, 201.
t The n;.ml or- of
number- with ;n iir, ,cl
promulgated.
446 SOUTH AFRICAN NATIONAL CONVENTION, 1908 — '09.
South Africa Act, Draft (Consideration of).
At Cape Town, as submitted by the Drafting Committee.
Considered, 153-155, 159-163, 174, 186, 191-195; Motion for post-
ponement of consideration, Mr. Hyslop, 153-154 (w) ; In-
struction to Prime Ministers for revision by draftsmen, Mr.
Hull, 195 ; Consideration resumed on amendments proposed
in First Report of Drafting Committee, 207-224 ; Consideration
resumed on amendments proposed by draftsmen, 224-229 ;
Motion for printing, Mr. Stcyn, 229 ; First proofs laid upon the
Table (with amended numbers of clauses), 229 ; Consideration
resumed on amendments proposed in Second Report of Drafting
Committee, 232-235 ; Revised proofs laid upon the Table, 236 ;
Consideration resumed, 236-238 ; Further revised proofs laid
upon the Table, 239 ; Consideration resumed, 245-247 ; Draft
clause brought up by Drafting Committee on compensation
to provincial capitals, 247 ; Consideration resumed, 247-248 ;
Draft Act adopted for submission to the various Parliaments,
249.
At Bloemfontein, on amendments proposed by the various Parliaments.
Considered, 253-272 ; Draft Act finally adopted, 274.
South Africa Act, Draft (Miscellaneous Matters).
Approval, Final, by Parliaments, Procedure, Draft resolution of Com-
mittee considered, 236 ; Amendments : Sir Percy Fitzpatrick, 236 (n).
Finance Clauses, Correspondence with British Government on, referred
to Finance Committee, Mr. Hull, 251 ; Report of Committee (with
draft telegram in reply), 258 ; Considered and approved, 259.
King, H.M. the, Addresses to for authorisation of Union [Appendix I.],
355-357.
London, Delegates to, in regard to passage of Draft Act through the
Parliament of the United Kingdom, Draft resolution of Committee
considered, 236 ; Amendment : Mr. Watt, 236 (n) ; Letter from
Lord Selborne on reception by British Government, 250 ; Motion
on powers, The President, 272; Resolutions appointing delegates
[Appendix J.], 358-359.
Natal draft (printed), laid upon the Table, 13 ; Notice given of intention
to move section by section, Mr. Moor, 13.
Parliaments, Resolutions and amendments proposed on consideration
of Draft Act laid upon the Table (Appendix G., pages
345-349), 250-251 ; Resolutions finally approving
Draft Act and addresses to the King for authorisation
of Union [Appendix I.], 355-357.
Ditto Sessions of, to discuss Draft Act, Draft resohition of Com-
mittee considered, 236 ; Amendment : Col. Greene, 236.
Printing and circulation, Motion on, Mr. Stcyn, 229.
Publication of, Motions on, Col. Greene, 235, 248 ; Mr. Fischer, 272 ;
Communication to Press on, 248.
Transvaal, Notice of amendments on behalf of, at Bloemfontein session,
Gen. Smuts, 251-253.
South Africa Act, Draft (Reports).
First Report with Draft Act as agreed to at Cape Town signed by dele-
gates [Appendix F., pages 312-345], 249 ; Second Report [Appendix
H., pages 349-354] with amended Draft Act as finally agreed to
at Bloemfontein, signed by delegates, 274.
South Africa Act, Dutch Draft.
Committee on, Motion for, Gen. Hertzog, 178 ; Draft Act submitted, 244.
South Africa Act, 1909 [9 Edw. VII.— Ch. 9].
South Africa Act, as assented to and promulgated [Appendix L.], 364-402.
South African Women's Federation.
Message of congratulation from Head Committee, 30.
INDEX. 447
Southern Rhodesia.
See " Rhodesia."
Speeches.
Not to be recorded, Motion on, Mr. Merriman, 6.
Stanford, Col. W. E. M., C.B., C.M.G., MA. A.
Delegate for the Capo of Good Hope, 4.
Motions and amendments by :
Auditor-General, Appointment of, 169 (w).
Franchise Committee, Petitions referred to, 44, 49.
Ditto laws, Making of, 20, 21 (w).
Ditto to all subjects, 23-20 (r).
Ditto Women's, 143, 151, 152 (w).
Native Affairs, Control and administration of, 117, 125 (c).
Provincial Councils, Legislative powers of (general), 78 (d).
Railway and Harbour Board, Gratuitous services, 188 (n).
Senate, President of, 40 (w).
South Africa Act, Draft, Amendments to, see " South Africa Act."
Territories, Revenue and expenditure, 148.
States.
Establishment of, in lieu of Provinces, Amendment on, Mr. Morytm,
10-12 (n).
Statistics.
Committee on, 14, 20 ; Chairman's statement on progress of work, 25 ;
Appointment of Secretary, 25 ; Report, with volume of statistics,
93 ; Chairman's statement on work of Committee, 93.
Steamship Lines, Conference.
Statement by Mr. Hull on position of South African Governments
with, 251.
Stellenbosch Agricultural Society.
Invitation from to attend agricultural show, 178 ; Motion for acceptance,
Gen. Botha, 178 (n).
Stelienbosch Municipal Council.
Message of congratulation from, 10.
Steyn, Hon. M. T.
Delegate for the Orange River Colony, 5.
Elected Vice-President, 3 ; Speech of thanks on election, 3.
Motions and amendments by :
Capital, Union Parliament to select, 198-199 (w).
Minister of Justice, Appointment of, 123.
Proceedings, Destruction of Minutes of, 273 (n).
South Africa Act, Draft, Amendments to, see " South Africa Act."
Ditto Printing and distribution of, 229.
Supreme Court.
Constitution of, Draft resolution of Committee considered, 121.
Ditto Committee on K'-P " J;isti"e.''
Judges, Appointment, remuneration, vacancies, p£c.. Draft resolutions
of Committee considered, 121-123; Amendments: Mr.
Fischer, 121; Gen. Smuts, 122; Mr. Fischer, 122.
Ditto Existing. Motion on position of, The President, 123.
Jurisdiction and execution of judgments, Draft resolutions of Committee
considered, 123.
President's proposals on, ,vcr " Ju-tice."
Seat of, Draft resolution of Committee considered, 123.
448 SOUTH AFRICAN NATIONAL CONVENTION, 1908 — '09.
Supreme Court, Appellate Division.
Advocates and attorneys to practise in, Draft resolution of Committee-
eonsidered, 123.
Appeals te. Draft resolutions of Committee considered, 123.
Appeals to King-in-Council from, Draft resolution of Committee con-
sidered, 123; Amendments: Dr. Smartt, 123 (n).
Appeals to, from Te ritories. Draft resolution of Committee con-
sidered, 150 ; Amendment, Gen. Smuts, 150.
Constitution of Draft resolution of Committee considered, 121.
Officers of. Draft resolution of Committee considered, 123.
Quorums of judges for. Draft resolution of Committee considered, 123.
Rules for, Draft resolution of Committee considered, 123.
Supreme Court, Provincial Divisions.
Constitution and powers of, Draft resolution of Committee considered,
121-122; Amendments: Mr. Merriman, 121; Mr. Fischer, 121.
Rules for, Draft resolutions of Committee considered, 123.
Transfer of civil suits pending in, Draft resolution cf Committee con-
sidered, 123.
T
Taxation Laws.
See " Laws.''
Territories.
Administration of, Commission for, number of members, powers and
duties, pensions, qualifications, salaries, etc.,
Draft resolutions of Committee considered, 146-
147, 149-150; Amendments: Gen. Smuts, 146;
Col. Greene, 14(3 (n) ; The President, 146; Gen.
Smuts, 14(i; Mr. Hyslop, 149-150.
Ditto Prime Minister's powers and duties, Draft resolutions
of Committee considered, 140-147.
Appeals from, to Appellate Division of Supreme Court, Draft resolution
of Committee considered, 150 ; Amendment, Gen. S»>uts, 150.
Civil Servants rights preserved, Draft resolution of Committee con-
sidered, 150.
Duties, customs and excise, Draft resolution of Committee considered,
149; Amendments: Gen. Smuts, 149 (w) 149; Mr. Fischer, 149.
Expenditure, see " Revenue."
Inhabitants of, Free intercourse between, Draft resolution of Committee
considered, 149 ; Amendment, Gen. Herlzoy. 149.
Land, Alienation of, in certain areas, Draft resolution of Committee
considered, 149; Amendment. Dr. Smartt, 149 (n).
Laws for, after transfer, Draft resolution of Committee considered, 145-
14(i: Amendments: Gen. Smuts, 145 (n) ; The Presi-
dent, 145.
Ditto Disallowance of. Draft resolution of Committee considered, 149.
Liquor, Prohibition of sale of intoxicating. Draft resolution _ of Com-
mittee considered, 149.
New, Admission of, Motion on, Mr. Merriman, 10-13 ; Amendments :
Mr. Morcom, 10-12 (») ; Draft resolution of
Committee on Civil Service, etc.. considered,
132 ; Referred to Committee on Native Affairs,
Mr. Situer, 1 32 ; Draft resolution of Committee
on Native Affairs considered, 150.
Ditto see also '' Provinces."
Pitsos, etJ.. Hbldi'jjc of, to be maintained, Draft resolution of Committee
«.' considered, 149.
Report on, to"' 00 submitted annually to Parliament, Draft resolution of
Committee considered, 150.
Resident Commissioners for, Appointment and duties, Draft resolutions
of Committee considered. 147.
Revenue and expenditure of, Draft resolutions of Committee considered,
147-149; Amendments: Gen. Smuts, 147; Col. Stanford, 148;
Mr. Malan, 148 ; Gen. Smuts. 148 ; Mr. Fischer, 148 ; Gen. Smuts,
149.
l.NDKX. 441)
Territories —(continued).
Schedule to Act relating to. Laws amending to ho reserved, Motion on,
The Prcttidrnt, 150.
Transfer of, Draft resolution of Committee considered, 143- 145 ; Amend-
ments : Col. (Ircrne, 144-145 (n) ; Sir /Vrry Filzpatrick, 144-145 (w) ;
Mr. Fischer, 145.
Thaba 'Ncho.
Natives in, Letter forwarding petition from, on protection of rights, 257.
Traffic.
To competitive area, Inter-Colonial Railway Agreement laid upon the
Table, Col. (,'ri'cnc, -JO!) ; Motion on, Mr. Hull, 2fi!»-270 (ID).
Translators.
Vote of thanks to, 274.
Transvaal.
Amendments proposed to Draft Act on behalf of. Notice of, Gen. Smuts,
251-253.
Credentials of delegates put in, 4-5.
Governor of and High Commissioner (U.K. the Right Hon. the Karl of
Selborne), Congratulatory message from, 9; Minutes
of Proceedings,, to be forwarded daily to, 10 ;
Letter acknowledging, 13; Letters from : On assent of
Governor-General to Bills and President's reply, 250 :
On reception by British Government of delegates to
London, 250; On position under Union of Land Settle-
ment Boards of Transvaal and Orange River Colony
and reply, 2(>3.
Land Settlement Board, Letter from High Commissioner on position
of under Union, and reply, 203.
Natives of, Petitions from, on representation in Parliament, 73, 151.
Parliament, Resolution on consideration of Draft Act [Appendix G,
pages 345-349J, laid upon the Table, 250-251 ; Resolutions and
address on final approval of Draft Act [Appendix L |, 355-357.
Precedence in proceedings. 28.
Sec also " Modus Vivendi."
Treaty Rights, etc.
Vesting of in I'liion. Draft resolution of Committee on Civil Service,
etc., considered, 131 ; Referred to Committee on Finance. Mr.
Hyslup, 131.
u.
Union.
Desirability of a legislative, Motion on. Mr. Mcrru/tun. 10-13; Amend-
ments: Mr. Morcom, Io-l2(/i).
Name of. Motion on. Mr. Mi rrniutn. 10-12 ("'); Amendments: Mr.
Morcom, 10-12 (n) ; i'urther motion. Mr. Sutitr. 15 (</•) : l>r. Sniartt,
15 (it-); Mr. .faif;/cr. 15 (if); Mr. Lnidxay. 15.
Proclamation and taking effect of. Draft resolutions of Committee con-
sidered. 12!t ('/) ; Amendments: (,'i-n. N//M//.S. I2'.», 12'.i.
Resolutions adopted by tin' Inter-Colonial C'onference at Pretoria, in
May. 190S, in favour of Appendix A1. 277; ( 'onfirmatory reso-
lutions adopted by the various Parliaments [Appendix BJ. 27^-27'J.
V.
Van Heerden, H. C., M.L.A.
Delegate for the Cape of Good Hope, 4.
Motions and amendments by :
Financial Relations Commission. 1 (>.'!- 1 (14 (</').
Provincial Councils, Legislative [io\\'ei-s reirardini; eradication of
weeds, Sti (n).
South Africa Act, Draft. Amendments to, .sec " South Africa Act."
450 SOITII Ai'itK \.\ XATIOXAI, CO.N\ KXTIOX, 1008 — '()!).
Van Zyl, H. S.
Votes of thanks to, 240, '214.
Van Zyl, W. J.
Vote of thiuiks to, '214.
Vice-Presidem ;»J Convention (Han. M. T. Steyn}.
Election of. 3 ; Speech of thanks on election, 3.
See al#o — "Steyn, Ron, M.T."
Vi ioen, Dr. A G., WLL.A.
Message of congratulation tVora, S.
Voters.
Qualifications of, Draft resolution of Committee considered, 59 ; Amend-
ments : Mr. Sauer, 59 ; Mr. Hull., 59 ; Draft resolution and amend,
ments referred back to Franchise Committee, Gtn. Smuts, 62;
Draft resolution withdrawn, 04 ; Further draft resolutions of Com-
mittee considered. 64-60; Amendments: Mr. Malan, 64-65 (w),
65 (w) ; Mr. Smythe, 63 (n) ; Gen. Botha, 65.
See also " Franchise."
Voting in Convention.
See " Rules and Orders."
W.
Walton, Hon. E. H., M.L.A.
Delegate for the Cape of Good Hope, 4.
Motions and amendments by :
Civil Service Commission, Permanent, 130 (w), 130(/i).
Ditto Reorganization, 129.
Executive Government, in whom vested, 15.
Finance Committee, Ocean Mail Contract referred; 258
Laws, General, Continuance of, 49.
Ditto Money, and powers of Senate, 50-51 (d).
Members, Disqualifications for, 75-70.
Ditto Payment and Deductions, 96 (d).
Ministers of State, Qualifications of, 15, 16.
Order List and Notice Paper, Circulation of. 77.
Parliament, Dissolution ot, 54 55 (it).
Ditto Joint Sittings, Rules to apply, 98.
Ditto Rules for, 98.
Proceedings, Minutes of, Distribution of, 8 (ir).
Provinces, Borrowing powers, 79 (n).
Ditto Boundaries, Alteration of, IK) (w}, 121 (d).
Provincial Revenue Funds, Formation of, 182 (w).
Railway and Harbour Board, Gratuitous services, 167 (n).
Railways and Harbours, Vesting of, in Union. 105.
Senate, President of. 40.
Sittings, Hours of. 72.
South Afrii-a Act, Draft, Amendments to, see "' South Africa Act "
Watt, Hon. T., C.M.G., M.L.A.
Delegate for Xatal vice \V. 13. Morcom, K.C., M.L.A.. resigned, 150,
Motions and amendments by :
Delegates to London, 236 (/<.)•
Railways ami Harljours, Administration uf, 167 (n).
South Africa Act, Draft, Amendments to, see " South Africa Act.
Wellington.
Letter from chairman of meeting of coloured citizens, on preservation
of political rights and reply of Chief Secretary, 250.
Wesleyan Methodist Church.
Letter from Kiinoerk-y and Bhu-mfontein Synod (Xativo section) on
safeguarding interests of natives, 239.
INDEX. 451
Wine Farmers, Cape Colony.
Petition from, on relief to the wino industry, 2.30.
Witwatersrand.
Petition from Capo coloured people resident on, for equal political
rights, '23 ; Supplementary resolution, 23.
Women.
Franchise to, sec, " Franchise."
Wynberg Coloured Men's Political Organization.
Letter from, on equal rights, 73 ; Petition from, on preservation of
existing rights, '250.
z.
Zuid Afrikaanse Taalbond.
Telegram from Seeretary, Hoofd Bestuur, Riebeek West branch on
equal language rights, 18 .
?'
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